Shell et al v. Purkey et al (TV1)

Filing 58

ORDER: The Court is in agreement with Magistrate Judge Guytons recommendations, which the Court adopts and incorporates into its ruling. As such, the Court ACCEPTS IN WHOLE the R&R 55 . Plaintiffs Motion to Certify Class 2 is hereby DENIED without prejudice. Signed by Chief District Judge Thomas A Varlan on 8/11/17. (ABF)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
DAVID SHELL, et al.,
Plaintiffs,
v.
DAVID PURKEY, et al.,
Defendants.

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No.:

3:17-CV-59-TAV-HBG

ORDER
This civil matter is before the Court on the Report and Recommendation entered by
United States Magistrate Judge H. Bruce Guyton, on June 23, 2017 (the “R&R”) [Doc. 55].
In the R&R, Judge Guyton recommends that plaintiffs’ Motion to Certify Class [Doc. 2]
be denied with leave to refile after the parties have completed the discovery necessary to
properly consider the merits of class certification. 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.
After a careful review of the matter, the Court is in agreement with Magistrate Judge
Guyton’s recommendations, which the Court adopts and incorporates into its ruling. As
such, the Court ACCEPTS IN WHOLE the R&R [Doc. 55]. Plaintiffs’ Motion to Certify
Class [Doc. 2] is hereby DENIED without prejudice.
IT IS SO ORDERED.
s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE