Hamby v. McCullough et al

Filing 44

REPORT AND RECOMMENDATION: Magistrate Judge Bryant RECOMMENDS that Plaintiff's motion to dismiss his complaint 43 be GRANTED and that the complaint be DISMISSED without prejudice. Signed by Magistrate Judge John S. Bryant on 4/23/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
WILLIAM HAMBY,
Plaintiff,
v.
VALERIE McCULLOUGH, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

Case No. 3:12-1239
Judge Trauger/Bryant
Jury Demand

TO: The Honorable Aleta A. Trauger
REPORT AND RECOMMENDATION
Plaintiff William Davidson Hamby, Jr. has filed his
“Motion To Dismiss Complaint” (Docket Entry No. 43), by which the
plaintiff seeks voluntarily to dismiss his complaint for the
reasons stated in his motion.
The defendants have not responded in opposition, and the
period within which they were required to do so has expired.
For the reasons stated below, the undersigned Magistrate
Judge recommends that plaintiff Hamby’s motion to dismiss his
complaint be granted.
Rule 41(a)(2) of the Federal Rules of Civil Procedure
provides that, after an opposing party files an answer, an action
may be dismissed at the plaintiff’s request only by court order, on
terms that the court considers proper.

Here, plaintiff Hamby has

moved for leave to dismiss his complaint voluntarily, and his
motion has not been opposed by defendants.

Given the lack of

opposition, the undersigned Magistrate Judge finds that plaintiff’s

motion should be granted and his complaint dismissed without
prejudice pursuant to Rule 41(a)(2) of the Federal Rules of Civil
Procedure.
RECOMMENDATION
For the reasons stated above, the undersigned Magistrate
Judge RECOMMENDS that plaintiff’s motion to dismiss his complaint
(Docket

Entry

No.

43)

be

GRANTED

and

that

the

complaint

be

DISMISSED without prejudice.
Under Rule 72(b) of the Federal Rules of Civil Procedure,
any party has fourteen (14) days from service of this Report and
Recommendation in which to file any written objections to this
Recommendation, with the District Court.

Any party opposing said

objections shall have fourteen (14) days from receipt of any
objections filed in this Report in which to file any responses to
said objections.

Failure to file specific objections within

fourteen (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 (1985), reh’g denied, 474 U.S. 1111
(1986).
ENTERED this 23rd day of April 2013.
s/ John S. Bryant
JOHN S. BRYANT
United States Magistrate Judge