Fuller v. Teamsters Local 217

Filing 22

ORDER ADOPTING MAGISTRATE JUDGES REPORT AND RECOMMENDATION 16 21 . Signed by Judge J. Daniel Breen on 7/15/13. (Breen, J.)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
PERRY FULLER,
Plaintiff,
v.

No. 1:12-cv-01285-JDB-egb

TEAMSTERS LOCAL UNION No. 217,
Defendants.
______________________________________________________________________________
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
_____________________________________________________________________________
On March 1, 2013, the Defendant, Teamsters Local Union No. 217, moved to dismiss the
Plaintiff, Perry Fuller’s, complaint pursuant to Rules 12(b)(6), 12(e), 16(f)(1), and 41(b) of the Federal
Rules of Civil Procedure. (Docket Entry, “D.E.” 12.) Fuller failed to respond to the motion. On April 17,
2013, the Plaintiff was ordered to show cause why his complaint should not be dismissed for failure to
prosecute. (D.E. 14.) When he failed to respond to the show cause order, Magistrate Judge Ed Bryant
entered a report and recommendation finding that the Court should grant the Defendant’s motion to
dismiss for noncompliance with a court order. (D.E. 16.) On June 7, 2013, Fuller submitted a handwritten
letter, which the Court construed as a motion for reconsideration. (D.E. 17.). This motion was referred
to Magistrate Judge Bryant. (D.E. 19.). On June 19, 2013, Judge Bryant recommended that the motion
for consideration be denied and reaffirmed his previous report that Defendant’s motion to dismiss be
granted. According to the Court’s docket, no objections to the magistrate judge’s June 19 report and
recommendation have been filed pursuant to 28 U.S.C. § 636(b)(1)(C), and the time for filing objections
has passed. See Fed. R. Civ. P. 72(b).
After a review of the magistrate judge’s report and recommendation, the Court ADOPTS Judge
Bryant’s findings and recommendations, and DISMISSES Fuller’s complaint against Teamsters Local

Union No. 217.
IT IS SO ORDERED this 15th day of July, 2013.

s/ J. DANIEL BREEN
UNITED STATES DISTRICT JUDGE

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