Cameron v. Southwest Tennessee Community College
ORDER ADOPTING REPORT AND RECOMMENDATION 13 (denying Motion to Dismiss 10 ). Signed by Judge Sheryl H. Lipman on 11/28/17. (Lipman, Sheryl)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
ORDER ADOPTING REPORT AND RECOMMENDATION
Before the Court is Magistrate Judge Tu M. Pham’s Report and Recommendation
(“Report”), filed November 3, 2017, recommending denial of Defendant’s Motion to Dismiss for
insufficient service of process. (ECF No. 13.)1
A magistrate judge may submit to a judge of the court proposed findings of fact and
recommendations regarding the involuntary dismissal of an action for insufficient service of
process. See 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). A
district court reviews de novo only those proposed findings of fact or conclusions of law to
which a party specifically objects. Fed. R. Civ. P. 72(b)(3); see also 28 U.S.C. § 636(b)(1).
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
On the same day, Magistrate Judge Pham ordered the Clerk of Court to re-issue process
for Defendant. (ECF No. 13.)
ADOPTS the Magistrate Judge’s Report. Defendant’s Motion to Dismiss is DENIED without
prejudice with leave to refile should there be a basis to renew the motion.
IT IS SO ORDERED, this 28th day of November, 2017.
s/ Sheryl H. Lipman
SHERYL H. LIPMAN
UNITED STATES DISTRICT JUDGE
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