Davis v. Hayes et al

Filing 8

ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ORDER DISMISSING COMPLAINT. Signed by Chief Judge S. Thomas Anderson on 4/19/19. (mbm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
JENNIFER DAVIS,

)
)
Plaintiff,
)
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v.
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No. 1:17-cv-01202-STA-jay
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SUPERINTENDENT JAYNE HAYES,
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MANAGER ROGER CHUTE,
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SECURITY MANAGER CLARANCE
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HOWELL, HR ANALYST II CANDICE
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STARKS, DONICE BRADLEY,
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SAMUEL WHITE, MISTY NEENEY,
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DEPUTY COMMISSIONER DEBBIE
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MILLER, and DCS COMMISSIONER
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BONNIE HOMMRICH,
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Defendants.
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________________________________________________________________________________
ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION
ORDER DISMISSING COMPLAINT
________________________________________________________________________________
Before the Court is the United States Magistrate Judge’s Report and Recommendation (ECF
No. 7) issued on March 25, 2019. The Magistrate Judge has recommended that the Court dismiss
Plaintiff Jennifer Davis’s Complaint for failure to prosecute under Federal Rule of Civil Procedure
41(b) and for failure to effect service under Rule 4(m). On January 25, 2019, Magistrate Judge Bryant
ordered Plaintiff to show cause as to why the Court should not dismiss her case for failure to prosecute
and failure to effect timely service. When Plaintiff did not respond to the Magistrate Judge’s show
cause order, Magistrate Judge York’s Report and Recommendation followed. The Magistrate Judge
cautioned Plaintiff that she had fourteen (14) days in which to make any objections to the Report and
that her failure to do so would constitute a waiver of any objection. The deadline for Plaintiff to
object to the Report has now passed, and Plaintiff has failed to raise any objections to the Report.

Having reviewed the Magistrate Judge’s Report and the entire record of the proceedings, the
Court hereby adopts the Report. Plaintiff filed suit on October 26, 2017, and has taken no further
action to prosecute her claims. Plaintiff has failed to respond to a show cause order and has now
failed to raise any objections to a recommendation that the Court dismiss her case. Under all of the
circumstances, dismissal is warranted. Therefore, Plaintiff’s Complaint is dismissed for failure to
prosecute and failure to effect timely service.
IT IS SO ORDERED.
s/ S. Thomas Anderson
S. THOMAS ANDERSON
CHIEF UNITED STATES DISTRICT JUDGE
Date: April 19, 2019