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Hickey v. Webb's Refreshments, Inc.

United States District Court, Middle District of Tennessee, Nashville Division

May 27, 2015

VIRGIL HICKEY, Plaintiff,
v.
WEBB’S REFRESHMENTS, INC., Defendant.

ORDER

KEVIN H. SHARP, UNITED STATES DISTRICT JUDGE.

Pending before the Court is a Report and Recommendation (“R & R”) of the Magistrate Judge (Docket No. 30), recommending that Defendant’s “Second Motion to Dismiss” (Docket No. 28), be granted and that this action be dismissed with prejudice. The R & R does not, however, recommend an award of attorney fees and expenses. Plaintiff failed to file a Response to the Second Motion to Dismiss, and no objections were made to the R & R.

Where no objections are made to the R & R, “[t]he district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions.” Fed R. Civ. P. 72(b).

Having conducted a de novo review in accordance with Rule 72, the Court will accept the disposition set forth in the R & R. Accordingly, the Court rules as follows:

(1) The R & R (Docket No. 30) is hereby ACCEPTED and APPROVED;
(2) Defendant’s Second Motion to Dismiss (Docket No. 28) is GRANTED.

The Clerk of the Court shall enter Final Judgment in a separate document in accordance with Rule 58 of the Federal Rules of Civil Procedure.

It is SO ORDERED.


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