Almosawi v. United States of America

Filing 34

ORDER: The Report and Recommendation (Doc. No. 28 ) is ADOPTED and APPROVED. Plaintiff's claims against the Government are DISMISSED without prejudice and the Government's Motion for Summary Judgment (Doc. No. 30 ) is DISMISSED as moot . The Clerk is directed to close the file. This Order constitutes the final judgment in this case for purposes of Fed. R. Civ. P. 58. Signed by District Judge Eli J. Richardson on 10/9/2019. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm)

IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
HAYDER ABDUL HUSSEIN
ALMOSAWI d/b/a Alnahrain Market &
Restaurant Corp.,
Plaintiff,
v.
UNITED STATES OF AMERICA,

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No. 3:18-cv-00481
JUDGE RICHARDSON

Defendant.
ORDER
Pending before the Court is a Report and Recommendation of the Magistrate Judge (Doc.
No. 28), recommending that the above-captioned action be dismissed without prejudice under
Rules 16(f) and Rule 41(b) of the Federal Rules of Civil Procedure. On September 23, 2019, the
Government filed a response to the Report and Recommendation, agreeing that the case should be
dismissed for the reasons set forth in the Magistrate Judge’s Report and Recommendation but also
requesting the case be dismissed with prejudice, as the Government is entitled to summary
judgment on the merits of the case. (Doc. No. 29). With its response, the Government
contemporaneously filed a Motion for Summary Judgment (Doc. No. 30), and a Statement of
Undisputed Facts (Doc. No. 32). The Court has reviewed the Report and Recommendation and the
file and for the following reasons, the Government’s objection (to the extent it actually is an
objection) will be overruled.
When a magistrate judge issues a report and recommendation regarding a dispositive
pretrial matter, the district court must review de novo any portion of the report and
recommendation to which a proper objection is made. Fed. R. Civ. P. 72(b)(1); 28 U.S.C. §

636(b)(1)(C); United States v. Curtis, 237 F.3d 598, 603 (6th Cir. 2001). Objections must be
specific; a general objection to the report and recommendation is not sufficient and may result in
waiver of further review. Miller v. Currie, 50 F.3d 373, 380 (6th Cir. 1995). In conducting its
review of the objections, the district court “may accept, reject, or modify the recommended
disposition; receive further evidence; or return the matter to the magistrate judge with
instructions.” Fed. R. Civ. P. 72(b)(3). The district court is not required to review—under a de
novo or any other standard— those aspects of the report and recommendation to which no
objection is made. Thomas v. Arn, 474 U.S. 140, 150 (1985). The district court should adopt the
magistrate judge’s findings and rulings to which no specific objection is filed. Id. at 151.
In its response, the Government agrees that this case should be dismissed for the reasons
provided in the Report and Recommendation but requests that the case be dismissed with prejudice
because it is entitled to summary judgment on the merits. The Government does not, however,
object to any of the Magistrate Judge’s substantive findings. Therefore, the Government’s response
to the Report and Recommendation is more akin to a separate and subsequent motion for summary
judgment. The Court will consider the motions in the order in which they were filed. See Link v.
Wabash R.R., 370 U.S. 626 (1961) (holding that federal trial courts have the inherent power to
manage their own dockets).
So doing, the Court approves (without objection) the Magistrate Judge’s recommendation
that this matter be dismissed, exercises it discretion to order (consistent with the Magistrate Judge’s
recommendation) that the dismissal be without prejudice, and declines to reach the Government’s
later-filed motion for summary judgment, which is now (at least for purposes of this particular
civil case file) moot.

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Accordingly, the Report and Recommendation (Doc. No. 28) is ADOPTED and
APPROVED. Plaintiff’s claims against the Government are DISMISSED without prejudice and
the Government’s Motion for Summary Judgment (Doc. No. 30) is DISMISSED as moot. The
Clerk is directed to close the file. This Order constitutes the final judgment in this case for purposes
of Fed. R. Civ. P. 58.
IT IS SO ORDERED.

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ELI RICHARDSON
UNITED STATES DISTRICT JUDGE

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