Al Moreno El-Bey v. Tennessee Department Of Labor and Workforce Development; Benefit Payment Control; State of Tennessee

Filing 8

ORDER adopting Report and Recommendations and Dismissing Case.. Signed by Judge S. Thomas Anderson on 12/27/2013. (Anderson, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
______________________________________________________________________________
MARIO AL MORENO EL-BEY,

)
)
Plaintiff,
)
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v.
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No. 13-2252-STA-cgc
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TENNESSEE DEPARTMENT OF
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LABOR AND WORKFORCE
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DEVELOPMENT, BENEFIT
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PAYMENT CONTROL, and STATE OF )
TENNESSEE,
)
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Defendants.
)
______________________________________________________________________________
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
______________________________________________________________________________
Before the Court is the United States Magistrate Judge’ Report and Recommendation that
Defendant’s Complaint be dismissed without prejudice (D.E. # 7) filed on November 6, 2013.
On May 28, 2013, the Magistrate Judge entered an Order (D.E. # 3), ordered Plaintiff to file a
properly completed application to proceed in forma pauperis or to pay the civil filing fee within
thirty days of entry of the Order. The Order notified Plaintiff that failure to comply with the
Order would result in dismissal of the action for failure to prosecute pursuant to Federal Rule of
Civil Procedure 41(b). More than thirty days passed and Plaintiff took no action. Therefore, the
Magistrate Judge recommended that the Complaint be dismissed.
Objections to the Report and Recommendation were due within fourteen (14) days of the
entry of the Report, making the objections due on or before November 20, 2013. Neither party
has filed objections within the time permitted.

Having reviewed the Magistrate Judge’s Report and Recommendation de novo, the
parties’ briefs, and the entire record of the proceeding, the Court hereby ADOPTS the Magistrate
Judge’s Report. Defendant’s Complaint is DISMISSED without prejudice.
IT IS SO ORDERED.
s/ S. Thomas Anderson
S. THOMAS ANDERSON
UNITED STATES DISTRICT JUDGE
Date: December 27, 2013.