govinfo:USCOURTS-tnmd-2_23-cv-00060-2

UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF TENNESSEE 
NORTHEASTERN DIVISION 
 
DARYL B. VAUGHN, a/k/a BRAD 
VAUGHN, 
 
Plaintiff, 
 
v. 
 
CUMBERLAND COUNTY SHERIFF’S 
OFFICE, et al., 
 
Defendants. 
 
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No. 2:23-cv-00060 
 
 
 
ORDER 
 On May 19, 2026, the Magistrate Judge issued a Report and Recommendation (“R&R”) 
recommending that the Court dismiss this case for failure to prosecute under Federal Rule of Civil 
Procedure 41(b). (Doc. No. 19). The Magistrate Judge informed the parties that any objections to 
the R&R must be filed within 14 days of service. (Id. at 3). When service is made by mail, three 
additional days are added to the prescribed period. Fed. R. Civ. P. 6(d). Daryl Vaughn’s deadline 
to object was June 5, 2026. However, he did not receive the R&R because he has failed to provide 
the Court with current contact information, as required under Local Rule 41.01(b). As a result, the 
R&R was returned to the Clerk as undeliverable. (Doc. No. 20). 
When there are no “timely objection[s]” to the R&R, “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 advisory committee’s note to 1983 amendment (citations om itted); see also Ashraf v. 
Adventist Health Sys./Sunbelt, Inc., 322 F. Supp. 3d 879, 881 (W.D. Tenn. 2018) (citing Thomas 
v. Arn, 474 U.S. 140, 150 (1985)) (“The district court is not required to review—under a de novo 
or any other standard—those aspects o f the report and recommendation to which no objection is PageID #: <pageID>
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made.”). Nevertheless, the Court has reviewed the R&R de novo and finds no clear error. Vaughn 
has made no efforts to prosecute this case since July 2024. Accordingly, th e R&R (Doc. No. 19) 
is APPROVED AND ADOPTED. This case is DISMISSED WITHOUT PREJUDICE under 
Federal Rule of Civil Procedure 41(b) for failure to prosecute. The clerk shall close the file. 
IT IS SO ORDERED. 
____________________________________ 
WAVERLY D. CRENSHAW, JR. 
UNITED STATES DISTRICT JUDGE PageID #: <pageID>

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