Rowland v. City Of Memphis, Tennessee;

Filing 29

ORDER adopting 27 Report and Recommendation; dismissing Defendants Joseph Benya, Robert Tutt, and Mahajj Abdul-Baaqee Without Prejudice. Signed by Judge Jon Phipps McCalla on 12/17/2013. (McCalla, Jon)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
RAY ROWLAND,
Plaintiff,
v.
CITY OF MEMPHIS, TENNESSEE, et
al.,
Defendants.

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No. 2:13-cv-02040-JPM-tmp

ORDER ADOPTING THE REPORT AND RECOMMENDATION; DISMISSING
DEFENDANTS JOSEPH BENYA, ROBERT TUTT, AND MAHAJJ ABDUL-BAAQEE
WITHOUT PREJUDICE

Before the Court is the Magistrate Judge’s Report and
Recommendation, filed on December 17, 2013.

(ECF No. 27.)

In

the Report and Recommendation, the Magistrate Judge recommends
“that Officers Joseph Ben[ya], Robert Tutt, and Mahajj AbdulBaaqee be dismissed without prejudice pursuant to [Federal Rule
of Civil Procedure] 4(m).”1

(Id. at PageID 191.)2

The Report

and Recommendation states that at a hearing before the
Magistrate Judge on December 17, 2013, “Plaintiff stated he had

1

Under Rule 4(m), “[i]f a defendant is not served within 120 days after the
complaint is filed, the court – on motion or on its own after notice to the
plaintiff – must dismiss the action without prejudice against that defendant
or order that service be made within a specified time. But if the plaintiff
shows good cause for the failure, the court must extend the time for service
for an appropriate period.” Fed. R. Civ. P. 4(m).
2
When documents are not internally paginated, or when a single filing
contains multiple documents, the Court refers to the Page Identification
(“PageID”) number located at the top right of documents filed on the Case
Management/Electronic Case Files system.

no objection to dismissing these defendants without prejudice.”
(Id.)
When there are no objections to a Magistrate Judge’s
recommendation, “the court need only satisfy itself that there
is no clear error on the face of the record in order to accept
the recommendation.”
notes.

Fed. R. Civ. P. 72(b) advisory committee

On clear-error review, the Court hereby ADOPTS the

Magistrate Judge’s Report and Recommendation (ECF No. 27) in its
entirety.
Accordingly, all claims against Defendants Joseph Benya,
Robert Tutt, and Mahajj Abdul-Baaqee are hereby DISMISSED
WITHOUT PREJUDICE.
IT IS SO ORDERED, this 17th day of December, 2013.

/s/ Jon P. McCalla
JON P. McCALLA
U.S. DISTRICT COURT JUDGE

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