Burgess v. Affiliated Computer Services, Inc.

Filing 38

REPORT AND RECOMMENDATION: Magistrate Judge Brown RECOMMENDS that this matter be dismissed with prejudiced with each side to bear their own costs. Signed by Magistrate Judge Joe Brown on 4/10/12. (xc:Pro se party by regular and certified mail.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
SHAWNELLIAS BURGESS,

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Plaintiff
v.
AFFILIATED COMPUTER
SERVICES, INC.,
Defendant

No. 3:11-0927
Judge Trauger/Brown
Jury Demand

TO: THE HONORABLE ALETA A. TRAUGER
REPORT AND RECOMMENDATION
The Plaintiff in this matter has filed a motion for
voluntarily dismissal with prejudice pursuant to Fed. R. Civ. P.
41(a)(2) (Docket Entry 35).

For the reasons stated below, the

Magistrate Judge recommends that this motion be GRANTED.
DISCUSSION
The Plaintiff originally filed his complaint in General
Sessions Court for Davidson County.

The Defendant in the case,

rather than leaving the matter there, paid the filing fee and
removed the case to Federal Court (Docket Entry 1).

The Plaintiff

then, acting pro se, filed an amended complaint to provide more
detail than was required in General Sessions Court (Docket Entry
12).

The Defendant then filed a motion to dismiss (Docket Entry

14) and the Plaintiff filed a motion to further amend his complaint
(Docket

Entry

16).

These

two

motions

produced

a

series

of

responses, replies and surreplies (Docket Entries 19, 20, 25 and

26).

The Magistrate Judge issued a report and recommendation

recommending that the motion to amend be granted and the motion to
dismiss

be

denied

(Docket

Entry

30),

which

approved by Judge Trauger (Docket Entry 31).

was

subsequently

The Plaintiff’s

second amended complaint was thus filed and answered (Docket
Entries 32 and 34).
On March 12, 2012, the Plaintiff filed a motion to
voluntarily dismiss with prejudice (Docket Entry 35).
Before

the

ink

had

even

dried

on

this

motion

the

Plaintiff filed a motion to ascertain the status of this motion
(Docket Entry 36).1
The ink on the present motion to dismiss with prejudice
is now dry and the Defendant has not responded in opposition to the
motion.

In the absence of any opposition or requests for costs it

is clear that the Court should allow the dismissal of this action
with prejudice.
RECOMMENDATION
For

the

reasons

stated

above,

the

Magistrate

Judge

recommends that this matter be dismissed with prejudiced with each
side to bear their own costs.
Under Rule 72(b) of the Federal Rules of Civil Procedure,
any

party

has

14

days

from

receipt

of

this

report

and

recommendation in which to file any written objections to this

1

The Plaintiff apparently thinks that his is the only pending in
Federal Court as he has a tendency to file a motion to ascertain the
status of his case at every opportunity (see Docket Entry 27).

2

recommendation with the District Court.

Any party opposing said

objections shall have 14 days from receipt of any objections filed
in this report and recommendation in which to file any responses to
said objections.

Failure to file specific objections within 14

days of receipt of this report and recommendation can constitute a
waiver of further appeal of this recommendation.

Thomas v. Arn,

474 U.S. 140 106 S. Ct. 466, 88 L.Ed.2d 435 (1985), Reh’g denied,
474 U.S. 1111 (1986).
ENTERED this 10th day of April, 2012.
/s/ Joe B. Brown
JOE B. BROWN
United States Magistrate Judge

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