Hughes et al v. Preferred Home Mortgage Company et al

Filing 24

REPORT AND RECOMMENDATION re 1 The undersigned previously entered an Order on September 9, 2013 (Docket Entry No. 21 ), requiring Plaintiffs to file with the Court a written explanation showing cause for their failure to serve Defendant. As of th e date of the filing of this Report and Recommendation, Plaintiffs have failed to comply with the Court's previous Order. Therefore, the undersigned recommends that this action be dismissed without prejudice. Signed by Magistrate Judge E. Clifton Knowles on 10/3/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(la)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

KATHY A. HUGHES and
JOHN R. HUGHES

)
)
)
v.
)
)
PREFERRED HOME MORTGAGE COMPANY,)
ET AL.
)

Civil Action No. 3:13-0608
Judge Campbell/Knowles

REPORT AND RECOMMENDATION
The undersigned previously entered an Order on September 9,
2013 (Docket Entry No. 21), requiring Plaintiffs to file with the
Court a written explanation showing cause for their failure to
serve Defendant, BAC Home Loans Servicing, L.P., within 120 days
after the filing of the Complaint pursuant to Fed.R.Civ.P. 4(m).
The Order required Plaintiffs to file such explanation within
twenty (20) days of the date of entry of the Order, and it also
stated in pertinent part, “If Plaintiff fails to comply with the
provisions of this Order, the undersigned will recommend that
this action be dismissed without prejudice.”
As of the date of the filing of this Report and
Recommendation, Plaintiffs have failed to comply with the Court’s
previous Order.

Therefore, the undersigned recommends that this

action be dismissed without prejudice.
Under Rule 72(b) of the Federal Rules of Civil Procedure,
any party has fourteen (14) days after 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 after service of any
objections filed to this Report in which to file any response to
said objections.

Failure to file specific objections within

fourteen (14) days of service of this Report and Recommendation
can constitute a waiver of further appeal of this Recommendation.
See Thomas v. Arn, 474 U.S. 140, 106 S.Ct. 466, 88 L. Ed. 2d 435
(1985), reh’g denied, 474 U.S. 111 (1986); 28 U.S.C. § 636(b)(1);
Fed. R. Civ. P. 72.

E. CLIFTON KNOWLES
United States Magistrate Judge