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.

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE at WINCHESTER GREGORY HARPER Plaintiff, v. TENNESSEE METAL FABRICATING CORPORATION, Defendant. ) ) ) ) ) ) ) ) ) ) ) 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. 1 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 2

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