Spencer v. Metropolitan Government of Nashville et al

Filing 52

ORDER: Report and Recommendation 48 is hereby ACCEPTED and APPROVED and this case is hereby DISMISSED WITH PREJUDICE. The Clerk of the Court shall enter a final judgment in accordance with Rule 58 of the Federal Rules of Civil Procedure. Signed by Chief Judge Kevin H. Sharp on 8/10/16. (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
RACARDO SPENCER,
Plaintiff,
v.
MATTHEW MOSES,
Defendant.

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No. 3:15-cv-00458
Judge Sharp
Magistrate Judge Bryant

ORDER
Plaintiff Ricard Spencer filed this suit alleging violations of his constitutional rights
under 42 U.S.C. § 1983. Specifically, Plaintiff alleges that Defendant Matthew Moses used
excessive force while arresting him and conducted an illegal search of his person.
Defendant Moses has filed a Motion for Sanctions, (Docket No. 43), in which he seeks
dismissal of this action. Defendant argues that dismissal is appropriate because Plaintiff Spencer
has failed to keep the Court informed of his current address in violation of the scheduling order
entered in this case. He also directs the Court to media coverage of Plaintiff Spencer, who is
currently wanted on charges of aggravated robbery and kidnapping.

(Docket No. 43-1).

Defendant believes these outstanding charges render Plaintiff unlikely to alert the Court as to his
whereabouts.

Numerous attempts to reach Plaintiff have been returned to the Court as

undeliverable.

(Docket Nos. 31, 39, 50, 51).

Additionally, Plaintiff failed to respond to

Magistrate Judge Bryant’s Order to Show Cause, which instructed Plaintiff to show cause why
his Complaint should not be dismissed. (Docket No. 44).
Magistrate Judge Bryant has now issued a Report and Recommendation (“R & R”),
(Docket No. 48), in which he recommends that this case be dismissed pursuant to Federal Rule

of Civil Procedure 41(b). Despite being advised that any objection needed to be filed within
fourteen days, plaintiff has filed none. 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.
Accordingly, the Report and Recommendation (Docket No. 48) is hereby ACCEPTED
and APPROVED and this case is hereby DISMISSED WITH PREJUDICE.
The Clerk of the Court shall enter a final judgment 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