Hull Jr. v. Davidson County Sheriff's Office et al

Filing 39

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The 35 Report and Recommendation is APPROVED AND ADOPTED and Plaintiff's claims against John Doe, Randy LNU, and FNU Dickson are DISMISSED WITHOUT PREJUDICE. Plaintiff's claims against A.B.L. M anagement are also DISMISSED WITHOUT PREJUDICE. Elior-N.A. is the sole remaining Defendant in this case, and the Clerk is directed to reflect this change in the Court's docket. The case is hereby RETURNED to the Magistrate Judge for further case management. Signed by Chief Judge Waverly D. Crenshaw, Jr on 3/5/2020. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
CLARENCE R. HULL,
Plaintiff,
v.
ELIOR-N.A.,
Defendant.

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No. 3:16-cv-02920

ORDER
Before the Court is the Magistrate Judge’s Report and Recommendation (“R&R”) (Doc.
No. 35) recommending that the claims against Defendants John Doe, Randy LNU, and FNU
Dickson be dismissed without prejudice. No timely objections to the R&R have been filed despite
the R&R’s specific warnings regarding waiver. (Id. at 2.)
The Court has thoroughly reviewed the R&R and agrees with the Magistrate Judge’s
analysis. Specifically, Plaintiff has not properly served John Doe, Randy LNU, or FNU Dickson,
despite being ordered to do so nearly 3 years ago. (See Doc. No. 18 at 3.) Accordingly, the R&R
(Doc. No. 35) is APPROVED AND ADOPTED and Plaintiff’s claims against John Doe, Randy
LNU, and FNU Dickson are DISMISSED WITHOUT PREJUDICE.
Additionally, Plaintiff has not perfected service on Defendant A.B.L. Management, likely
because the company no longer exists and has been succeeded by Elior, North America (“EliorN.A.”). (See Doc. No. 33.) Thus, Plaintiff’s claims against A.B.L. Management are also
DISMISSED WITHOUT PREJUDICE.
Elior-N.A. is the sole remaining Defendant in this case, and the Clerk is directed to reflect
this change in the Court’s docket.

The case is hereby RETURNED to the Magistrate Judge for further case management.
IT IS SO ORDERED.

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WAVERLY D. CRENSHAW, JR.
CHIEF UNITED STATES DISTRICT JUDGE

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