Weinberg v. County of Shelby et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 20 Report and Recommendations; GRANTING 12 Motion to Stay. Signed by Judge Jon Phipps McCalla on 10/30/2017. (McCalla, Jon)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
COUNTY OF SHELBY; SHELBY
COUNTY SHERIFF’S OFFICE; SGT.
ARTHUR STEWARD; DET. CRAIG;
JOHN DOE #1; JOHN DOE #2; JOHN
DOE #3; and JOHN DOE #4,
Case No. 2:17-cv-2474-JPM-dkv
ORDER ADOPTING THE REPORT AND RECOMMENDATION TO GRANT
MOTION TO STAY AND ADMINISTRATIVELY CLOSE CASE
Before the Court is the Report and Recommendation filed by U.S. Magistrate Judge
Diane K. Vescovo on October 6, 2017. (ECF No. 20.) In the Report and Recommendation,
the Magistrate Judge recommends that Defendants’ Motion to Stay Proceedings and
Administratively Close Case Pending Resolution of Criminal Charges Against Plaintiff (ECF
No. 12) be granted, that no action be taken in this case and no discovery occur until the
resolution of the criminal case, and that the case be administratively closed during the
pendency of the stay for statistical purposes. (ECF No. 20 at PageID 113-14.)
“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). Plaintiff Adam Weinberg has not filed any
objections to the Report and Recommendation, and the time for filing objections expired on
October 20, 2017. See Fed. R. Civ. P. 5(b)(2), 6(d), 72(b)(2).
“When no timely objection is filed, the court need only satisfy itself that there is no
clear error on the face of the record in order to accept the recommendation.” Fed. R. Civ. P.
72(b) advisory committee note. On clear-error review of the Magistrate Judge’s Report and
Recommendation, the Court hereby ADOPTS the Report and Recommendation in its entirety.
Accordingly, Defendants’ Motion to Stay Proceedings and Administratively Close Case
Pending Resolution of Criminal Charges Against Plaintiff is GRANTED. No action shall be
taken in this case and no discovery shall occur until the resolution of the criminal case against
Plaintiff. Additionally, this case is administratively closed during the pendency of the stay.
IT IS SO ORDERED, this 30th day of October, 2017.
/s/ Jon P. McCalla
JON P. McCALLA
UNITED STATES DISTRICT COURT JUDGE
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