Anderson v. Krispy Kreme Doughnut Corporation et al
Filing
32
ORDER: The Report and Recommendation 31 is ADOPTED as this Court's findings of fact and conclusions of law. IT IS FURTHER ORDERED that Defendants' Joint Motion to Dismiss 28 is GRANTED. IT IS FURTHER ORDERED that this action is DISMISSED WITHPREJUDICE. Signed by Visiting Chief Judge Denise Page Hood on 5/30/17. (xc:Pro se party by regular 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
JEFFREY ANDERSON,
Plaintiff,
Case No. 3:16-cv-02502
Hon. Denise Page Hood
v.
KRISPY KREME DOUGHNUT
CORPORATION et al.,
Defendants.
_________________________________/
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. [#31] 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 September 20, 2016, alleging that Defendants
violated his rights under the Americans with Disabilities Act. On March 16, 2017,
Defendants filed a Joint Motion to Dismiss for lack of prosecution. The Magistrate
Judge recommends that the Court grant the Joint Motion to Dismiss, 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 Recommendation.
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. 31, filed
April 21, 2017] is ADOPTED as this Court’s findings of fact and conclusions of law.
IT IS FURTHER ORDERED that Defendants’ Joint Motion to Dismiss
[Docket No. 28] is GRANTED.
IT IS FURTHER ORDERED that this action is DISMISSED WITH
PREJUDICE.
DATED: May 30, 2017
s/Denise Page Hood
DENISE PAGE HOOD
UNITED STATES DISTRICT JUDGE
SITTING BY SPECIAL DESIGNATION
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