Brown v. Cape Enviromental Management Cape, Inc.

Filing 29

ORDER: The Report and Recommendation 24 is hereby ACCEPTED and APPROVED. Defendant's Motion to Dismiss for Failure to Prosecute 21 is hereby GRANTED. Plaintiff Linda S. Brown's Complaint is hereby DISMISSED WITH PREJUDICE. The Clerk i s directed to enter Judgment in a separate document in accordance with Federal Rule of Civil Procedure 58. Signed by District Judge Kevin H. Sharp on 10/15/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified Text on 10/15/2013 (dt).

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
LINDA S. BROWN,
Plaintiff,
v.
CAPE ENVIRONMENTAL
MANAGEMENT CAPE, INC.,
Defendant.

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No. 3:12-cv-1048
Judge Sharp
Magistrate Judge Knowles

ORDER
Pending before the Court is a Report and Recommendation (“R & R”) of the Magistrate
Judge, recommending that Defendant’s Motion to Dismiss for Failure to Prosecute (Docket
Entry No. 21) be granted. The R & R provides, in part,
Plaintiff has not filed a Response to the instant Motion. Pursuant to Local Rule
7.01(b), Plaintiff’s “failure to file a timely Response . . . indicate[s] that there is
no opposition to the Motion.”
For the foregoing reasons, the undersigned recommends that the instant Motion to
Dismiss (Docket No. 21) be GRANTED.
(Docket Entry No. 24). No objections were made to the R & R.
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.

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Accordingly, the Court hereby rules as follows:
(1) The Report and Recommendation (Docket Entry No. 24) is hereby ACCEPTED and
APPROVED; and
(2) Defendant’s Motion to Dismiss for Failure to Prosecute (Docket Entry No. 21) is
hereby GRANTED; and
(3) Plaintiff Linda S. Brown’s Complaint 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.

_________________________________________
KEVIN H. SHARP
UNITED STATES DISTRICT JUDGE

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