Freeman et al v. Troutt et al

Filing 138

ORDER: Accordingly, the Court hereby rules as follows: (1) The Report and Recommendation (Docket Entry No. 124) is hereby ACCEPTED and APPROVED; (2) Defendants Trout and Weatherford's Motion to Dismiss for Plaintiffs Robert Freeman, Johnny Davi s and Billy Dishman's Failure to Serve Answers to Discovery (Docket Entry No. 112) is hereby GRANTED; and (3) This case is hereby DISMISSED WITH PREJUDICE. The Clerk is directed to enter Judgment in a separate document in accordance with Federal Rule of Civil Procedure 58. It is SO ORDERED. Signed by District Judge Kevin H. Sharp on 4/15/14. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
ROBERT FREEMAN, et al.,

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Plaintiffs,
v.
SONYA TROUTT, et al.,
Defendants.

No. 3:12-cv-00266
Judge Sharp
Magistrate Judge Knowles

ORDER
The Magistrate Judge has entered a Report and Recommendation (“R & R”),
recommending Defendants Trout and Weatherford’s Motion to Dismiss for Plaintiffs Robert
Freeman, Johnny Davis and Billy Dishman’s Failure to Serve Answers to Discovery (Docket
Entry No. 112) be granted. Specifically, the Magistrate Judge concluded,
A review of the record in this case reveals that Plaintiffs have failed to comply
with this Court’s Scheduling Order, and have failed to prosecute their claims.
Moreover, Defendants cannot defend themselves against Plaintiffs’ claims absent
discovery. Accordingly, the undersigned recommends that the instant Motion be
GRANTED.

No objections to the R & R have been filed. Where no objections are made to the R & R,
“[t]he district judge may accept, reject, or modify the recommended disposition; receive further
evidence; or return the matter to the magistrate judge with instructions.” Fed. R. Civ. P. 72(b).
Having thoroughly reviewed the record in this case and the applicable law in accordance with
Rule 72(b), the Court will accept the R & R.
Accordingly, the Court hereby rules as follows:
(1) The Report and Recommendation (Docket Entry No. 124) is hereby ACCEPTED and
APPROVED;

(2) Defendants Trout and Weatherford’s Motion to Dismiss for Plaintiffs Robert
Freeman, Johnny Davis and Billy Dishman’s Failure to Serve Answers to Discovery (Docket
Entry No. 112) is hereby GRANTED; and
(3) This case is hereby DISMISSED WITH PREJUDICE.
The Clerk is directed to enter Judgment in a separate document in accordance with
Federal Rule of Civil Procedure 58.
It is SO ORDERED.
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KEVIN H. SHARP
UNITED STATES DISTRICT JUDGE