Durham v. City of Clarksville, Tennessee

Filing 23

ORDER: In light of the Objections of the Plaintiff, the Report and Recommendation is rejected, and this case is referred to the Magistrate Judge to rule on the pending Motion to Amend Complaint and to allow another opportunity for Plaintiff to mak e proper service of process of the original Complaint or the Amended Complaint (if allowed) upon Defendant. Defendant's Motion to Dismiss 7 is denied without prejudice to being re-filed if appropriate. IT IS SO ORDERED. Signed by District Judge Todd J. Campbell on 5/27/14. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
ROBERT W. DURHAM
v.
CITY OF CLARKSVILLE, TN

)
)
) NO. 3-13-0907
) JUDGE CAMPBELL
)
ORDER

Pending before the Court are a Report and Recommendation of the Magistrate Judge (Docket
No. 19) and Objections filed by the Plaintiff (Docket No. 22).
Pursuant to 28 U.S.C. § 636(b)(1), Fed. R. Civ. P. 72(b)(3) and Local Rule 72.03(b)(3), the
Court has reviewed de novo the Report and Recommendation, the Objections, and the file. In light
of the Objections of the Plaintiff, the Report and Recommendation is rejected, and this case is
referred to the Magistrate Judge to rule on the pending Motion to Amend Complaint and to allow
another opportunity for Plaintiff to make proper service of process of the original Complaint or the
Amended Complaint (if allowed) upon Defendant.
Plaintiff is forewarned that if proper service of process is not made within whatever time
frame is set by the Magistrate Judge, this action may be dismissed for failure to obtain proper
service. Defendant’s Motion to Dismiss (Docket No. 7) is denied without prejudice to being re-filed
if appropriate.
IT IS SO ORDERED.

___________________________________
TODD J. CAMPBELL
UNITED STATES DISTRICT JUDGE