Duncan v. Harness et al

Filing 37

MEMORANDUM AND OPINION finding that the Court will ACCEPT IN WHOLE the 36 R&R.Plaintiffs oral motion to voluntarily dismiss this case will be GRANTED, and the case will be DISMISSED without prejudice. The Clerk of Court will be DIRECTED to close this case. Signed by Chief District Judge Thomas A Varlan on 4/10/2015. Clerk sent a copy of this M&O to the plaintiff via certified mail as directed in this M&O (Receipt #7008 3230 0002 7443 2232).(MGM).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
DEBORAH TOMPKINS,
as administrator of the ESTATE OF
LARRY DUNCAN III,
Plaintiff,
v.
TRAVIS HARNESS and
SCOTT COUNTY, TENNESSEE,
Defendants.

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No.:

3:13-CV-558-TAV-CCS

MEMORANDUM OPINION
This civil matter is before the Court on the Report and Recommendation (“R&R”)
entered by United States Magistrate Judge C. Clifford Shirley, Jr. on March 18, 2015
[Doc. 36]. In the R&R, Magistrate Judge Shirley ordered that the motion of plaintiff’s
counsel to withdraw from this case with consent of plaintiff [Doc. 30] be granted.
Additionally, Magistrate Judge Shirley recommended that the Court grant plaintiff’s oral
motion to voluntarily dismiss this case pursuant to Rule 41(a)(2) of the Federal Rules of
Civil Procedure, which plaintiff’s counsel made at a hearing before Magistrate Judge
Shirley on March 6, 2015 [Doc. 35; Doc. 36]. There have been no timely objections to
the R&R, and enough time has passed since the filing of the R&R to treat any objections
as having been waived. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b).
After a careful review of this matter, the Court is in agreement with Magistrate
Judge Shirley’s recommendations, which the Court adopts and incorporates into its

ruling.

Accordingly, the Court will ACCEPT IN WHOLE the R&R [Doc. 36].

Plaintiff’s oral motion to voluntarily dismiss this case will be GRANTED, and the case
will be DISMISSED without prejudice. Fed. R. Civ. P. 41(a)(2).
The Clerk of Court will be DIRECTED to close this case. Additionally, the Clerk
of Court will be DIRECTED to send a copy of this Memorandum Opinion and the order
entered contemporaneously with it by certified mail to the address for plaintiff listed in
her counsel’s affidavit supporting his motion to withdraw [Doc. 31 p. 2]: Deborah
Tompkins, 199 Rock Branch Lane, Allardt, Tennessee 38504.
ORDER ACCORDINGLY.

s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE

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