Summary
The United States District Court for the Middle District of Tennessee adopts the Magistrate Judge’s recommendation to dismiss Daryl B. Vaughn’s case for failure to prosecute under Federal Rule of Civil Procedure 41(b). The court finds no clear error and dismisses the action without prejudice because Vaughn failed to maintain current contact information and had made no efforts to prosecute the case since July 2024.
Holdings
- When no timely objection is filed to a magistrate judge's report and recommendation, the district court need only satisfy itself that there is no clear error on the face of the record before accepting the recommendation.
- Dismissal without prejudice under Federal Rule of Civil Procedure 41(b) was warranted because Vaughn failed to prosecute the case and made no efforts to do so since July 2024.
Questions Presented
- What standard of review applies when a party files no timely objections to a magistrate judge's report and recommendation?
- Whether the action should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute.
Disposition
dismissed
Cases Cited (2)
- Ashraf v. Adventist Health Sys./Sunbelt, Inc., 322 F. Supp. 3d 879, 881 (W.D. Tenn. 2018)(followed)
- Thomas v. Arn, 474 U.S. 140, 150 (1985)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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