Rush v. Winston County Sheriff Department et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Case dismissed without prejudice. CASE CLOSED. Signed by Senior Judge Glen H. Davidson on 1/2/14. (rel)

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF MISSISSIPPI

ABERDEEN DIVISION

FREDERICK RUSH

v.

CIVIL ACTION NO.1: 13-CV-00133-GHD-DAS

WINSTON COUNTY SHERIFF DEPARTMENT, et al.
ORDER ADOPTING REPORT AND RECOMMENDATION

Upon consideration of the file and records in this case, the Court finds that the Report and
Recommendation [11] of the United States Magistrate Judge dated December 9, 2013 was on that
date duly served upon Plaintiff's counsel and Defendant's counsel of record, that more than
fourteen (14) days have elapsed since service of said Report and Recommendation [11], and that
no objection thereto has been filed or served by any party. The Court is of the opinion that the
Magistrate Judge's Report and Recommendation [11] should be approved and adopted as the
opinion of the Court.
It is therefore ORDERED:
1. That the Report and Recommendation [11] of the United States Magistrate Judge dated

December 9,2013 is hereby approved and adopted as the opinion of the Court; and
2. That the Plaintiffs lawsuit is DISMISSED WITHOUT PREJUDICE for his failure to
prosecute under Rule 42(b) of the Federal Rules of Civil Procedure, specifically, for his
failure to appear before the Magistrate Judge for a hearing as set forth in Spears v.
McCotter, 766 F.2d 179 (5th Cir. 1985), despite his acknowledged receipt of the Order

setting same.

SO ORDERED, this,

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fuel: day ofJanuary, 20~P

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SENIOR JUDGE