Walker v. Dunn

Filing 21

ORDER denying 14 Motion to Dismiss for Failure to State a Claim; adopting Report and Recommendations 17 . Signed by Judge S. Thomas Anderson on 1/24/17. (Anderson, S.)

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

SHERMAN WALKER,
Plaintiff,
v.
J.E. DUNN,
Defendant.

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No. 2:16-cv-02279-STA-tmp

ORDER ADOPTING THE MAGISTRATE JUDGE’S RECOMMENDATION AND
DENYING DEFENDANT’S MOTION TO DISMISS WITHOUT PREJUDICE
______________________________________________________________________________
Before the Court is Defendant J.E. Dunn’s Motion to Dismiss (ECF No. 14) for lack of
personal jurisdiction, insufficient process, insufficient service of process, and failure to state a
claim. The United States Magistrate Judge entered a report and recommendation on January 4,
2017, recommending that Defendant’s Motion be denied without prejudice. Pursuant to Federal
Rule of Civil Procedure 72, Defendant had fourteen (14) days from the service of the Magistrate
Judge’s report in which to file objections. Defendant did not object to the report, and the time
for filing objections has now passed. Having reviewed the report and recommendation de novo,
the Court hereby ADOPTS the Magistrate Judge’s recommendation. Defendant’s Motion to
Dismiss is DENIED without prejudice to re-file.
IT IS SO ORDERED.
s/ S. Thomas Anderson
S. THOMAS ANDERSON
UNITED STATES DISTRICT JUDGE
Date: January 24, 2017

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