Moses v. Sheriff William Oldham et al

Filing 29

ORDER finding as MOOT 26 Motion for Judgment on the Pleadings; ADOPTING Report and Recommendations re 28 , and DISMISSING WITH PREJUDICE Plaintiff's claim for failure to prosecute. Signed by Judge Thomas L. Parker on 08/17/2018. (Parker, Thomas)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
PAMELA MOSES,
Plaintiff,
v.
SHERIFF WILLIAM OLDHAM, et al.,
Defendant.

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No. 2:17-cv-02692-TLP-cgc
JURY DEMAND

ORDER ADOPTING THE REPORT AND RECOMMENDATION
Before the Court is a Report and Recommendation (“R&R”) from Chief Magistrate
Judge Diane K. Vescovo. (ECF No. 28.) The R&R recommends that this action be dismissed
for failure to prosecute. (Id. at PageID 192.) Specifically, Defendants filed a Motion for
Judgment on the Pleadings on March 14, 2018, which Plaintiff never responded to. (Id. at
PageID 191–92.) The Chief Magistrate Judge then ordered Plaintiff to appear and show cause
on June 8, 2018 as to why her claims should not be dismissed for failure to prosecute under
Rule 41(b) of the Federal Rules of Civil Procedure. (Id. at 192.) Plaintiff did not appear at
the show-cause hearing. (Id.) Thus, the R&R recommends that Plaintiff’s Complaint should
be dismissed for failure to prosecute. (Id.)
“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 did not object to the R&R and her
objection window expired on July 12, 2018. 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. After reviewing the R&R, the Court finds no clear error. The
Court thus ADOPTS the R&R and DISMISSES Plaintiff’s claims WITH PREJUDICE.
SO ORDERED, this 17th day of August, 2018.
s/ Thomas L. Parker
THOMAS L. PARKER
UNITED STATES DISTRICT JUDGE

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