Anderson v. Fattoush Cafe et al
ORDER ACCEPTING REPORT AND RECOMMENDATION AND DISMISSING ACTION WITH PREJUDICE: The Report and Recommendation [Docket No. 45 , filed April 14, 2017] is ADOPTED as this Court's findings of fact and conclusions of law. IT IS FURTHER ORDERED tha t this action is DISMISSED WITH PREJUDICE. Signed by Visiting Chief Judge Denise Page Hood on 5/16/17. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on 5/16/2017 (dt).
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
Case No. 3:16-cv-01429
Hon. Denise Page Hood
ORDER ACCEPTING REPORT AND RECOMMENDATION
AND DISMISSING ACTION WITH PREJUDICE
This matter comes before the Court on Magistrate Judge Barbara D. Holmes’
Report and Recommendation. [#45] Plaintiff Jeffrey Anderson, currently proceeding
in pro per following the withdrawal of his counsel and Plaintiff’s failure to obtain
new counsel, filed this action on June 16, 2016, alleging that Defendant violated his
rights under the Americans with Disabilities Act. The Magistrate Judge recommends
that the Court dismiss Plaintiff’s cause of action, with prejudice, for failure to
prosecute and obey Court orders. Neither party filed an objection to the Report and
The Court has had an opportunity to review this matter and finds that the
Magistrate Judge reached the correct conclusions for the proper reasons. Finding no
error in the Magistrate Judge’s Report and Recommendation, the Court adopts the
Report and Recommendation in its entirety. Furthermore, as neither party has raised
an objection to the Report and Recommendation, the Court finds that the parties have
waived any further objections to the Report and Recommendation. Smith v. Detroit
Fed’n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987) (a party’s failure
to file any objections waives his or her right to further appeal); Thomas v. Arn, 474
U.S. 140, 149 (1985).
For the reasons stated above,
IT IS ORDERED that the Report and Recommendation [Docket No. 45, filed
April 14, 2017] is ADOPTED as this Court’s findings of fact and conclusions of law.
IT IS FURTHER ORDERED that this action is DISMISSED WITH
DATED: May 16, 2017
s/Denise Page Hood
DENISE PAGE HOOD
UNITED STATES DISTRICT JUDGE
SITTING BY SPECIAL DESIGNATION
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