Boyce v. Four Unknown Omaha Police Officers et al

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATION. Signed by Judge Samuel H. Mays, Jr on 12/02/2013.

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

Brandon Boyce,
Plaintiff,
v.
Four Unknown Omaha Police
Officers, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

No. 13-2266

ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

Before the Court is the Magistrate Judge’s June 12, 2013
Report and Recommendation (the “Report”) to dismiss Plaintiff
Brandon Boyce’s (“Boyce”) in forma pauperis Complaint.
ECF No. 4.)

(Report,

The Magistrate Judge recommends that the Complaint

be dismissed without prejudice for failure to prosecute under
Federal

Rule

of

Civil

Procedure

41(b).

For

the

following

reasons, the Court ADOPTS the Report of the Magistrate Judge and
DISMISSES the Complaint.
The Magistrate Judge found that:
Boyce has failed to submit a proper informa pauperis
affidavit in a timely manner, more than 21 days have
passed since the order was resent, and Boyce has
failed to notify the court in writing of his new
address as instructed. Because Boyce has failed to
comply with this court’s order dated May 1, 2013, it
is recommended that Boyce’s complaint be dismissed

without prejudice, pursuant to Federal Rule of Civil
Procedure 41(b), for failure to prosecute.
(Report, ECF No. 4 at 2.)
“Within fourteen days after being served with a copy [of
the Magistrate Judge’s Report], any party may serve and file
written objections to such proposed findings and recommendations
as

provided

by

636(b)(1)(c).

the

rules

of

the

court.”

28

U.S.C.

§

The district court is not required to review —

under a de novo or any other standard — those aspects of the
report and recommendation to which no objection is made.
v. Arn, 474 U.S. 140, 150 (1985).

Thomas

The district court should

adopt the findings and rulings of the Magistrate Judge to which
no specific objection is filed.

Id. at 151.

Boyce has failed to object to the Report and the time to do
so has passed.

The Court ADOPTS the Report and DISMISSES the

Complaint without prejudice.
So ordered this 2nd day of December, 2013.

s/ Samuel H. Mays Jr._______
SAMUEL H. MAYS, JR.
UNITED STATES DISTRICT JUDGE

2