Ayers v. Smith et al

Filing 22

ORDER ADOPTING 20 REPORT AND RECOMMENDATION. Signed by Judge Sheryl H. Lipman on 2/15/18. (Lipman, Sheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
EDWARDYINE AYERS,
Plaintiff,
v.
KTS SOLUTIONS,
Defendant.

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No. 17-cv-02631-SHL-dkv

ORDER ADOPTING REPORT AND RECOMMENDATION
Before the Court is Chief Magistrate Judge Diane K. Vescovo’s Report and
Recommendation (“Report”) (ECF No. 20), filed January 25, 2018, recommending dismissal of
Plaintiff’s Complaint for failure to prosecute.
A magistrate judge may submit to a judge of the court proposed findings of fact and
recommendations for involuntary dismissal of an action for failure to prosecute. 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 was February 8, 2018, and Plaintiff filed no
objections. The Court has reviewed the Report for clear error and finds none. Therefore, the
Court ADOPTS the Magistrate Judge’s Report. Plaintiff’s claim against Defendant is
DISMISSED for failure to prosecute.

IT IS SO ORDERED, this 15th day of February, 2018.

s/ Sheryl H. Lipman
SHERYL H. LIPMAN
UNITED STATES DISTRICT JUDGE

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