Carter v. State of Tennessee et al

Filing 30

ORDER: The Report and Recommendation 27 is ACCEPTED and APPROVED. This case is DISMISSED WITHOUT PREJUDICE. The Clerk of the Court shall enter judgment in accordance with Rule 58 of the Federal Rules of Civil Procedure. Signed by Chief Judge Kevin H. Sharp on 1/27/16. (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
JASON M. CARTER,
Plaintiff,
v.
STATE OF TENNESSEE, et al.,
Defendants.

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No. 3:14-cv-01337
Judge Sharp
Magistrate Judge Holmes

ORDER
Plaintiff Jason M. Carter, who is proceeding pro se, filed this lawsuit alleging violations
of his constitutional rights pursuant to 42 U.S.C. § 1983. Plaintiff’s claims arise from his arrest,
detention, and criminal prosecution. (Docket No. 1).
Magistrate Judge Holmes has issued a Report and Recommendation (“R & R”) (Docket
No. 27) in which she recommends, sua sponte, that this case be dismissed for failure to prosecute
and failure to timely serve the summons and complaint on Defendants. In the R & R, Magistrate
Judge Holmes relies on the Court’s inherent power to manage its docket, the Local Rules of
Court, and the Federal Rules of Civil Procedure.
Plaintiff timely filed objections to the R & R in which he appears to assert that he
properly served the complaint and summons on Defendants. Plaintiff states that “although the
Plaintiff has had the Court stamp the summons of the Defendants, the Court denies receiving
such summons. They are enclosed herewith.” (Docket No. 29 at 1). However, Plaintiff failed to
actually include any summons and the record indicates that Defendants still have not been
served. Prior to filing these objections, Plaintiff had not acted upon his case for over a year.
Accordingly, having considered the matter de novo as required by Rule 72 of the Federal

Rules of Civil Procedure, the Court agrees with the recommended disposition.
The Court hereby rules as follows:
1) The Report and Recommendation (Docket No. 27) is ACCEPTED and APPROVED;
and
2) This case is DISMISSED WITHOUT PREJUDICE.
The Clerk of the Court shall enter judgment in accordance with Rule 58 of the Federal
Rules of Civil Procedure.
It is SO ORDERED.
_______________________________
KEVIN H. SHARP
UNITED STATES DISTRICT JUDGE