Story v. Dickson County Sheriff's Office

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION

ASHLEY STORY, ) ) Plaintiff, ) ) NO. 3:21-cv-00667 v. ) ) JUDGE RICHARDSON

DICKSON COUNTY SHERIFF’S ) OFFICE et al., ) ) Defendants. )

ORDER

Pending before the Court is a Report and Recommendation (“R&R”) of the Magistrate Judge (Doc. No. 29), recommending that the Court dismiss this action without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure for Plaintiff’s failure to prosecute and to find moot Defendants’ Motion for Summary Judgment at Doc. No. 23. No objections to the R&R have been filed, and the time for filing objections has now expired.1 The failure to object to a report and recommendation releases the Court from its duty to independently review the matter. Frias v. Frias, No. 2:18-cv-00076, 2019 WL 549506, at *2 (M.D. Tenn. Feb. 12, 2019); Hart v. Bee Property Mgmt., No. 18-cv-11851, 2019 WL 1242372, at * 1 (E.D. Mich. March 18, 2019) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)). The district court is not required to review, under a de novo or any other standard, those aspects of the report and recommendation to which no objection is made. Ashraf v. Adventist Health System/Sunbelt, Inc.,

1 Under Fed. R. Civ. P. 72(b), any party has fourteen (14) days from receipt of the R&R in which to file any written objections to the Recommendation with the District Court. For pro-se plaintiffs, like Plaintiff, the Court is willing to extend this 14-day deadline by three days to allow time for filings to be transported by mail. 322 F. Supp. 3d 879, 881 (W.D. Tenn. 2018); Benson v. Walden Security, No. 3:18-cv-0010, 2018 WL 6322332, at *3 (M.D. Tenn. Dec. 4, 2018). The district court should adopt the magistrate judge’s findings and rulings to which no specific objection is filed. /d. Nonetheless, the Court has reviewed the R&R and the file. The R&R is adopted and approved. Accordingly, this action is hereby DISMISSED without prejudice pursuant to Rule 41(b) for Plaintiff's failure to prosecute. In light of the dismissal of this action, Defendants’ Motion for Summary Judgment at Doc. No. 23 is DENIED as moot. The Clerk is directed to enter judgment under Rule 58 and close the file. IT IS SO ORDERED. Chi Richardson CL Ruck UNITED STATES DISTRICT JUDGE