Potter v. Langley

Filing 22

JUDGMENT/ORDER ADOPTING REPORT AND RECOMMENDATIONS re 19 ; Complaint is dismissed without prejudice. Signed by Honorable Susan O. Hickey on May 1, 2012. (cnn)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION KEVIN POTTER vs. PLAINTIFF Civil No. 1:11-cv-1067 JERRY LANGLEY, et al DEFENDANTS JUDGMENT Before the Court is the Report and Recommendation filed April 4, 2012, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 19). Judge Bryant recommends that the above-styled case be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 12(b)(5) for failure to properly effect service of process upon Defendants. The parties have not filed objections to the Report and Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1). Therefore, the Court adopts the Report and Recommendation in toto. Plaintiff’s Complaint is DISMISSED WITHOUT PREJUDICE. Separate Defendant Mid-Continent Insurance Company’s Motion to Dismiss (ECF No. 20) is DENIED AS MOOT. IT IS SO ORDERED, this 1st day of May, 2012. /s/ Susan O. Hickey Hon. Susan O. Hickey United States District Judge

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