Quinones v. USA

Filing 15

ORDER ADOPTING 11 Partial Report and Recommendations with one slight modification; deft's 8 Motion to Dismiss is denied without prejudice; the Clerk is directed to issue summons and mail them to pltf today; pltf must serve the United States as directed by 7/1/13. Signed by Judge D. P. Marshall Jr. on 6/4/13. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION PLAINTIFF GUILLERMO QUINONES Reg. # 22965-004 v. No. 2:13-cv-19-DPM-JJV UNITED STATES OF AMERICA DEFENDANT ORDER No one has objected to Magistrate Judge Joe J. Volpe's recommendation, NQ 11, that the Court deny the Government's motion to dismiss Quinones's complaint for imperfect service. Reviewing for legal error and clear factual error, FED. R. CIV. P. 72(b) (1983 Addition to Advisory Committee Note), the Court adopts Judge Volpe's sensible recommendation with one slight modification. Motion, NQ 8, denied without prejudice. The Court directs the Clerk to issue summons and mail them to Quinones today. Quinones must serve the United States as required by Federal Rule of Civil Procedure 4(i)(1) by 1 July 2013. So Ordered. 1 b tl -2- ;l,.0/3

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