Kiner v. City of Memphis

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION ______________________________________________________________________________ Gerald Kiner, Plaintiff, v. Case No. 2:25-cv-02987-BCL-tmp City of Memphis, Memphis, Light Gas & Water Division (MLGW), John Does (1-10), Defendants. ______________________________________________________________________________ ORDER ADOPTING REPORT AND RECOMMENDATION ______________________________________________________________________________ Plaintiff, proceeding pro se, filed a motion for class certification. Doc. 10. On May 15, 2026, Chief Magistrate Judge Tu Pham1 issued a Report and Recommendation that the Motion should be denied. Doc. 95. The deadline to file objections has passed and Defendant did not file an objection. A United States District Court Judge may designate a United States Magistrate Judge to submit proposed findings of fact and conclusions of law for disposition by the District Judge of certain motions. 28 U.S.C. § 636(b)(1)(B). The District Judge “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge,” and “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” Id. The district court is not required to review— 1 Pursuant to Administrative Order No. 2013-05, this case was referred to the United States Magistrate Judge for management and for all pretrial matters for determination and/or report and recommendation as appropriate. under a de novo or any other standard—those aspects of the report and recommendation to which no objection is made. See Thomas v. Arn, 474 U.S. 140, 150 (1985). Based upon the lack of any objection, the Court ADOPTS the Report and Recommendation (Doc. 95) in full. Accordingly, the Motion for Class Certification (Doc. 10) is DENIED. IT IS SO ORDERED, this 30th day of June, 2026. s/ Brian C. Lea BRIAN C. LEA UNITED STATES DISTRICT JUDGE