Jones v. The Bryce Company, LLC

Filing 22

ORDER DENYING 17 MOTION TO DISMISS AND ADOPTING 21 REPORT AND RECOMMENDATIONS. Signed by Judge Sheryl H. Lipman on 10/10/17. (Lipman, Sheryl)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION LEWIS JONES, JR., Plaintiff, v. THE BRYCE COMPANY, LLC, Defendant. ) ) ) ) ) ) ) No. 2:17-cv-02180-SHL-tmp ORDER ADOPTING REPORT AND RECOMMENDATION Before the Court is Magistrate Judge Tu M. Pham’s Report and Recommendation (“Report”) (ECF No. 21), filed August 31, 2017, recommending that the Court deny Defendant’s Motion to Dismiss (ECF No. 17) and direct Plaintiff to effect proper service of process within thirty days of the entry of this Order. A magistrate judge may submit to a judge of the court proposed findings of fact and recommendations for dismissal of a complaint for failure to state a claim. 28 U.S.C. § 636(b)(1)(B). “Within 14 days after being served with a copy of the recommended disposition, a party may serve and file specific written objections to the proposed findings and recommendations.” Fed. R. Civ. P. 72(b)(2); see also 28 U.S.C. § 636(b)(1) (2017). A district court reviews de novo only those proposed findings of fact or conclusions of law to which a party specifically objects. § 636(b)(1); Fed. R. Civ. P. 72(b)(3). The deadline to object to the Report has passed, and Defendant has filed no objections. The Court has reviewed the Report for clear error and finds none. Therefore, the Court ADOPTS the Magistrate Judge’s Report, hereby DENIES Defendant’s Motion to Dismiss and ORDERS Plaintiff to effect proper service of process by November 9, 2017. IT IS SO ORDERED, this 10th day of October, 2017. s/ Sheryl H. Lipman SHERYL H. LIPMAN UNITED STATES DISTRICT JUDGE 2

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