El-Amin v. Clarksville Police Department et al

Filing 57

ORDER: Before the Court are the plaintiff's "Motion to Reopen" and "Notice of Appeal" which the Courtconstrues as objections to the Report and Recommendation ("R&R") filed by Magistrate Judge Joe Brown, recomme nding that this action be dismissed without prejudice. For the reasons set forth herein, the Court hereby ADOPTS the R&R. Accordingly, for the reasons stated in the R&R, the defendants' first motion to dismiss (ECF No. 31) is TERMINATED AS MOOT; the second motion to dismiss (ECF No. 41) is GRANTED, and this action is DISMISSED WITHOUT PREJUDICE. Also in accordance with the R&R, the Court further certifies that an appeal of this matter to the Sixth Circuit Court of Appeals would not be brought in good faith. It is so ORDERED. Signed by District Judge Kevin H. Sharp on 3/18/13. (xc:Pro se party by regular and certified mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) Modified on 3/18/2013 (afs).

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
MANSOUR BIN EL-AMIN,
Plaintiff,
v.
CLARKSVILLE POLICE DEPARTMENT,
DETECTIVE NICHOLAS NEWMAN, and
OFFICER BRIAN TENRY,
Defendants.

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Case No. 3:12-cv-342
Judge Sharp

ORDER
Before the Court are the plaintiff’s “Motion to Reopen” and “Notice of Appeal,” which the Court
construes as objections to the Report and Recommendation (“R&R”) filed by Magistrate Judge Joe
Brown, recommending that this action be dismissed without prejudice.
For the reasons set forth herein, the Court hereby ADOPTS the R&R. Accordingly, for the
reasons stated in the R&R, the defendants’ first motion to dismiss (ECF No. 31) is TERMINATED AS
MOOT; the second motion to dismiss (ECF No. 41) is GRANTED, and this action is DISMISSED
WITHOUT PREJUDICE. Also in accordance with the R&R, the Court further certifies that an appeal of
this matter to the Sixth Circuit Court of Appeals would not be brought in good faith.
It is so ORDERED.

Kevin H. Sharp
United States District Judge