Carter v. Bell et al

Filing 132

ORDER: For these reasons, Plaintiff's Objections are overruled, and the Report and Recommendation is adopted and approved. Accordingly, Plaintiff's claims against Defendant Hunt, the only remaining Defendant, are DISMISSED for Plaintiff 9;s failure to comply with the Federal Rules of Civil Procedure and with Orders of the Court. The Clerk is directed to close this file. Any other pending Motions are denied as moot. The jury trial set for November 29, 2011, and the pretrial conferenc e set for November 14, 2011, are canceled. This Order shall constitute the final judgment in this case pursuant to Fed. R. Civ. P. 58. IT IS SO ORDERED. Signed by Chief Judge Todd J. Campbell on 6/23/11. (xc:Pro se party by regular and certified mail.)(tmw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

JAMES CARTER
v.
RICKY BELL, et al.

)
)
) NO. 3-10-0058
) JUDGE CAMPBELL
)

ORDER
Pending before the Court are a Report and Recommendation of the Magistrate Judge (Docket
No. 127) and Plaintiff’s Response thereto (Docket No.131). The Court has reviewed the Report and
Recommendation, Plaintiff’s Response and the file.
The Magistrate Judge recommends dismissing this action for Plaintiff’s continued failure to
comply with the Federal Rules of Civil Procedure and with the Orders of the Court. Specifically,
the Magistrate Judge, on March 21, 2011, ordered the Plaintiff to serve all papers he files in this
action upon Defendant Hunt. Id. The Magistrate Judge warned the Plaintiff that if he continued to
fail to abide by the Court’s Orders, the Magistrate Judge would recommend that this action be
dismissed. Id.
The Magistrate Judge has found that Plaintiff failed to obey the Court’s Order concerning
the service of papers upon Defendant Hunt. Docket No. 127. Moreover, the Magistrate Judge has
found there to be no excusable reason for Plaintiff’s failure to serve the Defendant, despite the
Court’s warning that such failure could lead to dismissal. Id.
For these reasons, Plaintiff’s Objections are overruled, and the Report and Recommendation
is adopted and approved. Accordingly, Plaintiff’s claims against Defendant Hunt, the only

remaining Defendant, are DISMISSED for Plaintiff’s failure to comply with the Federal Rules of
Civil Procedure and with Orders of the Court. The Clerk is directed to close this file.
Any other pending Motions are denied as moot. The jury trial set for November 29, 2011,
and the pretrial conference set for November 14, 2011, are canceled. This Order shall constitute the
final judgment in this case pursuant to Fed. R. Civ. P. 58.
IT IS SO ORDERED.

___________________________________
TODD J. CAMPBELL
UNITED STATES DISTRICT JUDGE

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