govinfo:USCOURTS-tnmd-3_23-cv-01116-2

UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF TENNESSEE 
NASHVILLE DIVISION 
 
DONALD HALICEK, 
 
Plaintiff, 
 
v. 
 
ROSHEEM COLLINS et al., 
 
Defendants. 
 
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No. 3:23-cv-01116 
 
 
ORDER 
On May 18, 2026, the Magistrate Judge issued a Report and Recommendation (“R&R”) 
recommending that the Court dismiss this action for failure to prosecute under Federal Rule of 
Civil Procedure 41(b) . (Doc. No. 32). The Magistrate Judge informed the parties that any 
objections to the R&R must be filed within 14 days. (Id. at 3). The deadline has passed and neither 
party has filed any objections. 
Where 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 omi tted); 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 of the report and recommendation to which no 
objection is made.”). The Court has reviewed the R&R and finds no clear error. The Court agrees 
with the Magistrate Judge that dismissal is the proper remedy under Rule 41(b) because it appears 
that Halicek is deceased, and no legal successor has filed a motion to substitute as plaintiff. (Doc. PageID #: <pageID>
 2 
 
No. 32 at 1–3). Therefore , the R&R (Doc. No. 32 ) is APPROVED AND ADOPTED and this 
action is DISMISSED. The Clerk shall close the file. 
IT IS SO ORDERED. 
 
____________________________________ 
WAVERLY D. CRENSHAW, JR. 
UNITED STATES DISTRICT JUDGE PageID #: <pageID>

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