Harper v. Tennessee Metal Fabricating Corporation

Filing 37

ORDER accepting and adopting 35 Report and Recommendations. Signed by District Judge Harry S Mattice, Jr on 2/17/17. (aws, ) Mailed to Gregory Harper at 219 Track Road, Rock Island, TN 38581.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
at WINCHESTER
GREGORY HARPER
Plaintiff,
v.
TENNESSEE METAL
FABRICATING CORPORATION,
Defendant.

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Case No. 4:15-cv-51
Judge Mattice
Magistrate Judge Steger

ORDER
On January 26, 2017, United States Magistrate Judge Christopher H. Steger filed
his Report and Recommendation (Doc. 35). Therein, Magistrate Judge Steger
recommended that Plaintiff’s case be dismissed in its entirety for failure to prosecute. (Id.
at 1). The Parties have filed no objections to the Magistrate Judge’s Report and
Recommendation.1 Nevertheless, the Court has conducted a review of the Report and
Recommendation, as well as the record, and it agrees with Magistrate Judge Steger’s wellreasoned conclusions.

Magistrate Judge Steger specifically advised the Parties that they had 14 days in which to object to the
Report and Recommendation and that failure to do so would waive their right to appeal. (Doc. 35 at 2 n.1);
see Fed. R. Civ. P. 72(b)(2); see also Thomas v. Arn, 474 U.S. 140, 148-51 (1985) (noting that “[i]t does not
appear that Congress intended to require district court review of a magistrate’s factual or legal conclusions,
under a de novo or any other standard, when neither party objects to those findings”). Even taking into
account the three additional days for service provided by Fed. R. Civ. P. 6(d), the period in which the Parties
could timely file any objections has now expired.
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Accordingly, the Court hereby ACCEPTS and ADOPTS Magistrate Judge
Steger’s findings of fact, conclusions of law, and recommendations, (Doc. 35), and
Plaintiff’s Complaint (Doc. 1) is hereby DISMISSED WITHOUT PREJUDICE for
failure to prosecute.
A separate judgment will enter.

SO ORDERED this 17th day of February, 2017.

____/s/ Harry S. Mattice, Jr._____
HARRY S. MATTICE, JR.
UNITED STATES DISTRICT JUDGE

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