Murdock v. Bruce et al

Filing 100

ORDER ADOPTING REPORT AND RECOMMENDATION: Having conducted a de novo review in accordance with Rule 72, the Court will accept the disposition set forth in the R & R. Accordingly, the Court rules as follows: (1) The R & R (Docket No. 97 ) is hereb y ACCEPTED and APPROVED; (2) Plaintiff's Motion for Summary Judgment (Docket No. 84 ) is DENIED WITHOUT PREJUDICE; and (3) Defendants' Motion to Strike (Docket No. 90 ) is DENIED AS MOOT. It is SO ORDERED. Signed by Chief Judge Kevin H. Sharp on 3/7/2016. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE COLUMBIA DIVISION MARSHALL H. MURDOCK, Plaintiff, v. PATSY BRUCE, et al., Defendants. ) ) ) ) ) ) ) ) ) Civil No. 3:12-cv-1244 Judge Sharp ORDER Pending before the Court is a Report and Recommendation (“R & R”) of the Magistrate Judge (Docket No. 97), recommending that Plaintiff Marshall H. Murdock’s Motion for Summary Judgment (Docket No. 84) be denied for failure to comply with Local Rule 56.01. The R & R also recommended that Defendants’ Motion to Strike (Docket No. 90) be denied as moot. Plaintiff has not objected 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 conducted a de novo review in accordance with Rule 72, the Court will accept the disposition set forth in the R & R. Accordingly, the Court rules as follows: (1) The R & R (Docket No. 97) is hereby ACCEPTED and APPROVED; (2) Plaintiff’s Motion for Summary Judgment (Docket No. 84) is DENIED WITHOUT PREJUDICE; and (3) Defendants’ Motion to Strike (Docket No. 90) is DENIED AS MOOT. 1 It is SO ORDERED. _________________________________________ KEVIN H. SHARP UNITED STATES DISTRICT JUDGE 2

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