Summary
denying motion to dismiss for untimely service where "the early delay was due to procedural issues, and the subsequent error in effecting service was made by the U.S. Marshals Service"
Summary of this case from Figures v. HaleOpinion
CIVIL ACTION NO. 3:16-4328
10-31-2016
SIMONE TYRONE JORDAN-EL, Plaintiff, v. WESTERN REGIONAL JAIL OFFICER WHITE, Defendant.
MEMORANDUM OPINION AND ORDER
This action was referred to the Honorable Cheryl A. Eifert, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that Defendant's Motion to Dismiss (ECF No. 12) be denied; that the complaint be dismissed, without prejudice, for Plaintiff's failure to prosecute; and that this matter be removed from the docket of the Court. Neither party has filed objections to the Magistrate Judge's findings and recommendations.
Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and ORDERS that Defendant's Motion to Dismiss (ECF No. 12) be denied; that the complaint be DISMISSED, without prejudice, for Plaintiff's failure to prosecute; and that this matter be REMOVED from the docket of the Court, consistent with the findings and recommendations.
The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties.
ENTER: October 31, 2016
/s/_________
ROBERT C. CHAMBERS, CHIEF JUDGE