Newberry v. Melton et al
REPORT AND RECOMMENDATION re 1 Complaint: As of the date of the filing of this Report and Recommendation, Plaintiff has failed to comply with the Court's previous Order. Therefore, the undersigned recommends that Defendant Overton County, Tennessee be dismissed without prejudice. Signed by Magistrate Judge Jeffery S. Frensley on 4/6/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
W.B. MELTON, et al.
Civil Action No. 2:14-0024
REPORT AND RECOMMENDATION
The undersigned previously entered an Order on January 27, 2017 (Docket No. 81),
requiring Plaintiff to file with the Court a written explanation showing cause for his failure to
serve Defendant Overton County, Tennessee within 90 days after the filing of the Complaint
pursuant to Fed.R.Civ.P. 4(m). The Order required Plaintiff to file such explanation within
fourteen (14) days of the date of entry of the Order, and it also stated in pertinent part, “If
Plaintiff fails to comply with the provisions of this Order, the undersigned will recommend that
this action be dismissed without prejudice.”
As of the date of the filing of this Report and Recommendation, Plaintiff has failed to
comply with the Court’s previous Order. Therefore, the undersigned recommends that
Defendant Overton County, Tennessee be dismissed without prejudice.
Under Rule 72(b) of the Federal Rules of Civil Procedure, any party has fourteen (14)
days after service of this Report and Recommendation in which to file any written objections to
this Recommendation with the District Court. Any party opposing said objections shall have
fourteen (14) days after service of any objections filed to this Report in which to file any
response to said objections. Failure to file specific objections within fourteen (14) days of
service of this Report and Recommendation can constitute a waiver of further appeal of this
Recommendation. See Thomas v. Arn, 474 U.S. 140, 106 S.Ct. 466, 88 L. Ed. 2d 435 (1985),
reh’g denied, 474 U.S. 111 (1986); 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72.
JEFFERY S. FRENSLEY
United States Magistrate Judge
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