Tabb v. Cousins

Filing 22

ORDER granting 18 Motion for Sanctions; adopting Report and Recommendations re 20 Report and Recommendations. This action will be DISMISSED with prejudice by separate order. A separate judgment order will enter. Signed by District Judge J Ronnie Greer on 6/4/2013. (c/m to pro se plaintiff at last known address) (RLC, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE at GREENEVILLE TYSON D. TABB ) ) ) ) ) v. MATTHEW SCOTT COUSINS NO. 2:12-cv-310 Greer/Inman ORDER Tyson D. Tabb filed this pro se civil rights complaint for damages under 42 U.S.C. § 1983, alleging that defendant Matthew Scott Cousins, a Bristol, Tennessee police officer, used excessive force during plaintiff’s arrest, [Doc. 2]. This case is now before the Court to consider the Report and Recommendation [RR] of the United States Magistrate Judge, dated April 29, 2013, [Doc. 20]. In his RR, Judge Inman observed that plaintiff had failed to appear for his discovery deposition, to respond to defendant’s pending motion for sanctions or dismissal of this case, [Doc. 18], or to a court order requiring him to respond to defendant’s motion, [Doc. 19]. Concluding that plaintiff has abandoned his case, Judge Inman recommends that his lawsuit be dismissed with prejudice. Although a copy of Judge Inman’s RR was mailed to plaintiff, he has filed no objections to the RR. After careful consideration of the record as a whole and of the RR, and for the reasons set out in that RR, which are incorporated by reference herein, this RR is ADOPTED and APPROVED and defendant’s motion for dismissal is GRANTED, [Doc. 18]. This action will be DISMISSED with prejudice by separate order. A separate judgment order will enter. s/J. RONNIE GREER UNITED STATES DISTRICT JUDGE

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