Lambert v. HMS Incorporated et al

Filing 13

ORDER ADOPTING 12 REPORT AND RECOMMENDATIONS to dismiss complaint without prejudice.. Signed by Judge S. Thomas Anderson on 10/23/2013. (Anderson, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
______________________________________________________________________________
AARON LAMBERT,

)
)
Plaintiff,
)
)
v.
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No. 12-2924-STA-cgc
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HMS INCORPORATED d/b/a THE
)
SALON AT MACY’S and ERICA
)
SMITH
)
)
Defendants.
)
______________________________________________________________________________
ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION DISMISSING PLAINTIFF’S COMPLAINT FOR FAILURE TO
PROSECUTE
______________________________________________________________________________
On October 23, 2012, Plaintiff Aaron Lambert (“Plaintiff”) filed a pro se complaint
against HMS Incorporated, d/b/a The Salon at Macy’s (“HMS”) and Erica Smith (“Smith”) (D.E.
#1). The Complaint alleges claims under Title VII of the Civil Rights Act of 1964. On January
16, 2013, the Court entered an Order Denying Motion for Appointment of Counsel, Order of
Partial Dismissal, and Order for Plaintiff to Further Identify Defendant (D.E. # 5). The Order
concluded that the Complaint did not assert a valid claim against Smith and dismissed her. The
Order also directed Plaintiff to submit any further information about the corporate identity of
HMS within thirty days so that HMS could be served. The Court advised Plaintiff that a “failure
to respond to this Order within the time specified will result in dismissal of the action without
prejudice for failure to prosecute, pursuant to Federal Rule of Civil Procedure 41(b).” Plaintiff

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did not timely respond to the District Court’s Order.
On March 28, 2013, the Court referred the case to the Magistrate Judge Charmiane
Claxton for case management and for all pretrial matters for determination or report and
recommendation as appropriate (D.E. # 8). On September 18, 2013, the Magistrate Judge issued
an Order to Show Cause (D.E. # 11) directing Plaintiff to “submit any further information he may
have about the corporate identity of HMS within fourteen days of the entry of this Order.” The
Magistrate Judge again advised Plaintiff that failure to respond would result in the Magistrate
Judge recommending dismissal of the action without prejudice for failure to prosecute. Plaintiff
did not file a response to the Court’s Order or the Magistrate Judge’s Order to Show Cause.
Therefore, on October 8, 2013, the Magistrate Judge issued a Report and Recommendation (D.E.
# 12) recommending that Plaintiff’s claim against HMS be dismissed without prejudice for
failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure.
The parties have not filed objections to the Report and Recommendation. The Court
hereby adopts the Magistrate Judge’s Report and Recommendation pursuant to Fed. R. Civ. P.
72(b)(3). Therefore the Court ADOPTS the Report and Recommendation. Consistent with the
Report and Recommendation Plaintiff’s Complaint is DISMISSED without prejudice.
IT IS SO ORDERED.
s/ S. Thomas Anderson
S. THOMAS ANDERSON
UNITED STATES DISTRICT JUDGE
Date: October 23, 2013.

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