Harris v. Davidson County Sheriff et al

Filing 156

ORDER adopting Report and Recommendations re 135 Report and Recommendation.Accordingly, the Court rules as follows: (1) The R & R (Docket No. 135) is hereby ACCEPTED and APPROVED; and (2) Harris's claims against A. Hayes are DISMISSED WITHOU T PREJUDICE. 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 8/3/16. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) Modified Text on 8/4/2016 (am).

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
VAUGHN HARRIS,

Plaintiff,
v.
DAVIDSON COUNTY SHERIFF, et al.
Defendants.

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Civil No. 3:15-cv-0356
Judge Sharp

ORDER
Pending before the Court is a Report and Recommendation (“R & R”) of the Magistrate
Judge (Docket No. 135), recommending that the Court dismiss Plaintiff Vaughn Harris’s
complaint against Defendant A. Hayes.
Harris filed his Complaint on April 1, 2015. (Docket No. 1.) He was initially allowed to
pursue only his claims against Defendant Correct Care Solutions, but was later allowed to amend
his complaint to add Hayes as a defendant. (Docket Nos. 12-1, 36.) On June 18, 2015, the
Magistrate Judge then directed the Clerk to send Harris a service packet for a few defendants,
including Hayes. (Docket No. 135.) More than a year has passed since that Order, yet Harris
still has not served Hayes.
In his R & R, the Magistrate Judge found that Harris, “despite being warned, has taken no
action to complete service of process.” (Docket No. 135, p. 2.) Under the circumstances, the
Magistrate concluded that dismissal without prejudice is appropriate.
objections to the R & R.

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Harris has filed no

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. 135) is hereby ACCEPTED and APPROVED; and
(2) Harris’s claims against A. Hayes are DISMISSED WITHOUT PREJUDICE.
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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