Roberts v. Robertson

Filing 42

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court hereby rules as follows: 1) The Report and Recommendation (Docket No. 35) is ACCEPTED and APPROVED; 2) Defendant's Motion for Summary Judgment is TERMINATED AS MOOT; and 3) This case is DISMIS SED WITH PREJUDICE. The Clerk of the Court shall enter judgment in accordance with Rule 58 of the Federal Rules of Civil Procedure. Signed by Chief Judge Kevin H. Sharp on 12/14/2015. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
LINDA MAE ROBERTS,
Plaintiff,
v.
MICHAEL ROBERTSON,
Defendant.

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No. 2:14-cv-00038
Judge Sharp
Magistrate Judge Holmes

ORDER
Plaintiff Linda Mae Roberts filed this lawsuit pursuant to 42 U.S.C. § 1983 alleging
violations of her Fourth Amendment rights. More specifically, she alleges that Defendant
Trooper Michael Robertson’s conduct during a traffic stop violated her right against
unreasonable search and seizure, in addition to alleging certain common law claims.
Although Ms. Roberts had representation at the commencement of this litigation, the
Court allowed her counsel to withdraw when Plaintiff was nonresponsive to her counsel’s efforts
to reach her. Ms. Roberts has not participated in the litigation since her counsel withdrew. She
did not comply with the Court’s Order to either retain alternate counsel or notify the Court if she
intended to proceed pro se. (Docket No. 17). Plaintiff also failed to respond to Defendant’s
Motion for Summary Judgment. (Docket No. 23).
Magistrate Judge Holmes has issued a Report and Recommendation (“R & R”) (Docket
No. 35) in which she recommends that this case be dismissed with prejudice. Despite being
advised that any objection needed to be filed within fourteen days, Plaintiff has filed none.
Having considered the matter de novo as required by Rule 72 of the Federal Rules of Civil
Procedure, the Court agrees with the recommended disposition.

Accordingly, the Court hereby rules as follows:
1) The Report and Recommendation (Docket No. 35) is ACCEPTED and APPROVED;
2) Defendant’s Motion for Summary Judgment is TERMINATED AS MOOT; and
3) This case is DISMISSED WITH PREJUDICE.
The Clerk of the Court shall enter judgment in accordance with Rule 58 of the Federal
Rules of Civil Procedure.
It is SO ORDERED.
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KEVIN H. SHARP
UNITED STATES DISTRICT JUDGE