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)

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