Hickey v. Webb's Refreshments, Inc.

Filing 40

ORDER: The Report and Recommendations 30 is Accepted and Approved. Defendant's Second Motion to Dismiss 28 is Granted. The Clerk of the Court shall enter Final Judgment in a separate document in accordance with Rule 58 of the Federal Rules of Civil Procedure. Signed by Chief Judge Kevin H. Sharp on 5/27/15. (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
VIRGIL HICKEY,
Plaintiff,
v.
WEBB’S REFRESHMENTS, INC.,
Defendant.

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Civil No. 3:13-cv-0937
Judge Sharp

ORDER
Pending before the Court is a Report and Recommendation (“R & R”) of the Magistrate
Judge (Docket No. 30), recommending that Defendant’s “Second Motion to Dismiss” (Docket
No. 28), be granted and that this action be dismissed with prejudice. The R & R does not,
however, recommend an award of attorney fees and expenses. Plaintiff failed to file a Response
to the Second Motion to Dismiss, and 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 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. 30) is hereby ACCEPTED and APPROVED;
(2) Defendant’s Second Motion to Dismiss (Docket No. 28) is GRANTED.

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The Clerk of the Court shall enter Final Judgment in a separate document in accordance
with Rule 58 of the Federal Rules of Civil Procedure.
It is SO ORDERED.
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KEVIN H. SHARP
UNITED STATES DISTRICT JUDGE 

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