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McGee v. Aramark Food Services Corp., 1:17CV224-LG-RHW. (2018)

Court: District Court, S.D. Mississippi Number: infdco20181108k21 Visitors: 3
Filed: Nov. 05, 2018
Latest Update: Nov. 05, 2018
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING CLAIMS AGAINST JOY ROSS LOUIS GUIROLA, JR. , District Judge . This cause comes before the Court on the [62] Report and Recommendation of United States Magistrate Judge Robert H. Walker entered October 1, 2018 in this prisoner civil rights lawsuit. Magistrate Judge Walker reviewed the efforts made by the Court and Plaintiff to locate and serve one of the defendants, Joy Ross. Despite these efforts, Plaintiff has not effected service on
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ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING CLAIMS AGAINST JOY ROSS

This cause comes before the Court on the [62] Report and Recommendation of United States Magistrate Judge Robert H. Walker entered October 1, 2018 in this prisoner civil rights lawsuit. Magistrate Judge Walker reviewed the efforts made by the Court and Plaintiff to locate and serve one of the defendants, Joy Ross. Despite these efforts, Plaintiff has not effected service on Ross. The Magistrate Judge therefore recommended that Plaintiff's claims against Ross be dismissed without prejudice.

There has been no objection to the Report and Recommendation filed, and the time for doing so has passed. In such circumstances, the Court need only review the Report and Recommendation and determine whether it is either clearly erroneous or contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989). Having conducted the required review, the Court finds that the Magistrate Judge's findings and conclusions are neither clearly erroneous nor contrary to law. Therefore, the Report and Recommendation will be adopted as the opinion of this Court, and Plaintiff's claims against Joy Ross dismissed without prejudice.

IT IS THEREFORE ORDERED AND ADJUDGED that the [62] Report and Recommendation of United States Magistrate Judge Robert H. Walker entered October 1, 2018 is adopted as the finding of this Court.

IT IS FURTHER ORDERED AND ADJUDGED that the Plaintiff's claims against Joy Ross are DISMISSED without prejudice pursuant to Fed. R. Civ. P. 4(m).

SO ORDERED AND ADJUDGED.

Source:  Leagle

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