Newby v. Tennessee Department of Correction et al

Filing 159

ORDER ADOPTING REPORT AND RECOMMENDATIONS: Have considered the record de novo in accordance with Rule 72 of the Federal Rules of Civil Procedure, the Court rules as follows: (1) The R & R is hereby ACCEPTED and APPROVED; (2) Defendants Motion to Dis miss is GRANTED; (3) All remaining Motions are DENIED AS MOOT; and (4) This case is hereby DISMISSED for failure to prosecute and for failure to comply with this Court's Order. The Clerk of the Court shall enter a final judgment. Signed by Chief Judge Kevin H. Sharp on 3/22/2017. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh) Modified on 3/23/2017 (eh).

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION BERT NEWBY and MONTEZ ADAMS ) ) ) ) ) ) ) ) ) ) Plaintiffs v. TENNESSEE DEPARTMENT OF CORRECTIONS, et al. Defendants No. 3:14-1750 Judge Sharp ORDER In this case in which Plaintiffs have taken no action since August 27, 2015, several Defendants have filed a Motion to Dismiss for Failure to Prosecute (Docket No. 154). Additionally, the Magistrate Judge has entered a Report and Recommendation (Docket No. 155) recommending that this case be dismissed for Plaintiffs’ failure to Comply with a prior Order granting Defendant Corrections Corporation of America’s Motion to Compel. Plaintiff’s have not responded to the Motion to Dismiss, complied with the Order, or objected to the R & R. Have considered the record de novo in accordance with Rule 72 of the Federal Rules of Civil Procedure, the Court rules as follows: (1) The R & R is hereby ACCEPTED and APPROVED; (2) Defendant’s Motion to Dismiss is GRANTED; (3) All remaining Motions are DENIED AS MOOT; and (4) This case is hereby DISMISSED for failure to prosecute and for failure to comply with this Court’s Order. The Clerk of the Court shall enter a final judgment. 1 It is SO ORDERED. ____________________________________ KEVIN H. SHARP UNITED STATES DISTRICT JUDGE 2

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