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)

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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 2

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