Duncan v. Union University

1:09-cv-01005 | W.D. Tenn. | Mar 1, 2010

Case 1:09-cv-01005-JDB-egb Document 24 Filed 03/01/10 Page 1 of 2 PageID 87

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE EASTERN DIVISION CHARLES M. DUNCAN, Plaintiff, v. No. 09-cv-1005 UNION UNIVERSITY,

Defendant. _____________________________________________________________________________ ORDER ADOPTING REPORT AND RECOMMENDATION _____________________________________________________________________________ Before the Court is the Report and Recommendation on the Motion to Enforce Judgment (the “Report”), issued by United States Magistrate Judge Edward G. Bryant on February 2, 2010, pursuant to an order of reference. (Docket Entry (“D.E.”) No. 22.) In the Report, Judge Bryant recommended that the Court grant the Defendant’s Motion to Enforce the Settlement Agreement and for Entry of Order of Dismissal with the exception of the Defendant’s request for attorney’s fees, costs, and expenses. (Id.) The Report sets forth a thorough and accurate assessment of the applicable facts and law, which need not be repeated here.

The Plaintiff, Charles M. Duncan, filed an “Answer” to the Motion to Enforce Judgment on February 11, 2010, but did not address Judge Bryant’s Report. (D.E. No. 23.) Although he desires to respond to the motion, Plaintiff appears to be upset primarily with the fact that the Court has not considered his submission entitled “Stipulation Order,” containing a list of proposed stipulations to which the Defendant has not agreed. (D.E. No. 18.) In any event, however, Plaintiff’s “Answer” does not controvert any of the facts or law contained in the Report, nor does he raise any specific objections to the proposed findings and recommendations. Case 1:09-cv-01005-JDB-egb Document 24 Filed 03/01/10 Page 2 of 2 PageID 88

Therefore, after review of the magistrate judge's report and recommendation, it is ACCEPTED in full. The Defendant’s motion is GRANTED, and the Plaintiff’s claims are hereby DISMISSED WITH PREJUDICE. Each party is responsible for its own attorney’s fees, costs, and expenses.

IT IS SO ORDERED this, the 1st day of March, 2010. s/ J. DANIEL BREEN

UNITED STATES DISTRICT JUDGE

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