Robinson v. EEOC

Filing 11

ORDER adopting 10 Report and Recommendation. Signed by Judge Jon Phipps McCalla on 11/27/2017. (McCalla, Jon)

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

ANTHONY ROBINSON,
Plaintiff,
v.
EEOC, WILLIS MARTIN, AUDREY
BONNER, and JAN MITCHELL,
Defendants.

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Case No. 2:17-cv-02674-JPM-dkv

ORDER ADOPTING THE REPORT AND RECOMMENDATION

Before the Court is the Report and Recommendation filed by U.S. Magistrate Judge
Diane K. Vescovo on November 3, 2017. (ECF No. 10.) In the Report and Recommendation,
the Magistrate Judge finds that Plaintiff Anthony Robinson has sufficiently alleged that the
EEOC has unlawfully withheld or delayed action that it is required to take. (Id. at PageID
102-03.) Additionally:
The [Magistrate Judge] recommends that the Clerk be directed to issue
process for the EEOC and the individual defendants and to deliver that
process to the marshal for service along with a copy of the complaint, this
Report & Recommendation, and any order regarding this Report &
Recommendation; that service be made on EEOC and the individual
defendants pursuant to Rule 4(h)(1) of the Federal Rules of Civil Procedure;
and that all costs of service be advanced by the United States.
It is further recommended that Robinson be ordered to serve a copy of every
document filed in this cause on the attorneys for the defendants, make a
certificate of service on every document filed, familiarize himself with the
Federal Rules of Civil Procedure and this court’s local rules, promptly notify
the Clerk of any change of address or extended absence, and be warned that

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failure to comply with these requirements, or any other order of the court, may
result in the dismissal of his case without further notice.
(Id. at PageID 103-04.)
“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 has not filed any objections to the
Report and Recommendation, and the time for filing objections expired on November 17,
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, the Clerk is directed to issue process for the EEOC and the individual
defendants and to deliver that process to the marshal for service along with a copy of
Plaintiff’s Complaint, the Report & Recommendation, and this Order. Service shall be made
on EEOC and the individual defendants pursuant to Rule 4(h)(1) of the Federal Rules of Civil
Procedure. All costs of service shall be advanced by the United States.
Plaintiff is ordered to (1) serve a copy of every document filed in this action on the
attorneys for the defendants, (2) make a certificate of service on every document filed,
(3) familiarize himself with the Federal Rules of Civil Procedure and this Court’s local rules, 1
and (4) promptly notify the Clerk of any change of address or extended absence. Plaintiff’s
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A free copy of the Local Rules may be obtained from the Clerk. The Local Rules are also
available on the court’s website at www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf.
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failure to comply with these requirements, or any other order of the court, may result in the
dismissal of his case without further notice.
IT IS SO ORDERED, this 27th day of November, 2017.
/s/ Jon P. McCalla
JON P. McCALLA
UNITED STATES DISTRICT COURT JUDGE

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