Filed: Jul. 20, 2018
Latest Update: Jul. 20, 2018
Summary: REPORT AND RECOMMENDATION SHIVA V. HODGES , Magistrate Judge . This matter comes before the court on a review of the docket in this case. On July 5, 2018, the undersigned issued an order directing Plaintiff to show cause for her failure to file evidence 1 of Plaintiff having effected proper service on defendants. [ECF No. 10]. Rule 4(m) of the Federal Rules of Civil Procedure provides, in pertinent part, as follows: If a defendant is not served within 90 days after the complaint is filed,
Summary: REPORT AND RECOMMENDATION SHIVA V. HODGES , Magistrate Judge . This matter comes before the court on a review of the docket in this case. On July 5, 2018, the undersigned issued an order directing Plaintiff to show cause for her failure to file evidence 1 of Plaintiff having effected proper service on defendants. [ECF No. 10]. Rule 4(m) of the Federal Rules of Civil Procedure provides, in pertinent part, as follows: If a defendant is not served within 90 days after the complaint is filed, ..
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REPORT AND RECOMMENDATION
SHIVA V. HODGES, Magistrate Judge.
This matter comes before the court on a review of the docket in this case. On July 5, 2018, the undersigned issued an order directing Plaintiff to show cause for her failure to file evidence1 of Plaintiff having effected proper service on defendants. [ECF No. 10]. Rule 4(m) of the Federal Rules of Civil Procedure provides, in pertinent part, as follows:
If a defendant is not served within 90 days after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made within a specified time.
Fed. R. Civ. P. 4(m).
Plaintiff was advised that unless she showed good cause by July 19, 2018, for her failure to effect service of the summons and complaint on defendants, this action would be recommended for dismissal without prejudice. [ECF No. 10]. Plaintiff filed no response. As such, it appears to the court that she does not oppose dismissal of this action. Based on the foregoing, the undersigned recommends this action be dismissed without prejudice.
IT IS SO RECOMMENDED.
Notice of Right to File Objections to Report and Recommendation
The parties are advised that they may file specific written objections to this Report and Recommendation with the District Judge. Objections must specifically identify the portions of the Report and Recommendation to which objections are made and the basis for such objections. "[I]n the absence of a timely filed objection, a district court need not conduct a de novo review, but instead must `only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.'" Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee's note).
Specific written objections must be filed within fourteen (14) days of the date of service of this Report and Recommendation. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); see Fed. R. Civ. P. 6(a), (d). Filing by mail pursuant to Federal Rule of Civil Procedure 5 may be accomplished by mailing objections to:
Robin L. Blume, Clerk
United States District Court
901 Richland Street
Columbia, South Carolina 29201
Failure to timely file specific written objections to this Report and Recommendation will result in waiver of the right to appeal from a judgment of the District Court based upon such Recommendation. 28 U.S.C. § 636(b)(1); Thomas v. Arn, 474 U.S. 140 (1985); Wright v. Collins, 766 F.2d 841 (4th Cir. 1985); United States v. Schronce, 727 F.2d 91 (4th Cir. 1984).
