Opinion
3:22-cv-00754
11-21-2023
H.C. BROWN, JR. #578263, Plaintiff, v. STATE OF TENNESSEE, et al., Defendants.
ORDER
WAVERLY D. CRENSHAW, JR., CHIEF UNITED STATES DISTRICT JUDGE.
Before the Court is the Magistrate Judge's Report and Recommendation (“R&R”) (Doc. No. 6) recommending dismissal this action without prejudice because H.C. Brown, Jr. has failed to timely serve Defendants pursuant to Federal Rule of Civil Procedure 4(m). Two full months have passed and neither party has filed an objection.
When neither party objects to the R&R within 14 days of service, the Court need not review the matter independently. Thomas v. Arn, 474 U.S. 140, 150 (1985) (“It does not appear that Congress intended to require district court review of a magistrate's factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings.”). Despite this, the Court reviewed the R&R and agrees with its recommended disposition.
The R&R is APPROVED AND ADOPTED, and this action is DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 4(m).
This is a final order. The Clerk shall enter judgment in accordance with Federal Rule of Civil Procedure 58 and close the file.
IT IS SO ORDERED.