Hildebrand v. Marloe

Filing 29

ORDER ADOPTING REPORT AND RECOMMENDATIONS 27 ; case dismissed without prejudice. Signed by Honorable Susan O. Hickey on October 7, 2019. (cnn)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION THEOTIS HILDEBRAND v. PLAINTIFF Case No. 1:19-cv-1004 OFFICER MARLIN BROWN DEFENDANT ORDER Before the Court is the Report and Recommendation filed September 24, 2019, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 27). Judge Bryant recommends that this action be dismissed because Plaintiff has repeatedly failed to provide an accurate address for service on Defendant. 1 Plaintiff has filed objections to the Report and Recommendation. However, Plaintiff states that he is objecting solely to preserve potential issues for appeal. Plaintiff concedes that he is unable to provide an accurate address for service on Defendant and admits that this action should be dismissed until he acquires such information. Therefore, the Court adopts the Report and Recommendation (ECF No. 27) in toto. Accordingly, this action is hereby DISMISSED WITHOUT PREDJUDICE. IT IS SO ORDERED, this 7th day of October, 2019. /s/ Susan O. Hickey Susan O. Hickey Chief United States District Judge 1 There have been four unsuccessful attempts to serve Defendant over the course of five months.

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