Robinson v. Giardina et al

Filing 29

ORDER overruling 28 --objections; adopting 27 --REPORT AND RECOMMENDATIONS; dismissing the amended complaint without prejudice; directing the clerk to CLOSE the case. Signed by Judge Steven D. Merryday on 3/6/2017. (BK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
TIMOTHY E. ROBINSON,
Plaintiff,
v.

CASE NO. 8:15-cv-2740-T-23MAP

JAMES S. GIARDINA, et al.,
Defendants.
____________________________________/

ORDER
The magistrate judge denied (Doc. 26) Timothy Robinson’s motion (Doc. 24)
for an extension of time to effect service, and recommends (Doc. 27) dismissing the
action under Rule 4(m), Federal Rules of Civil Procedure, which provides that:
If a defendant is not served within 90 days after the complaint is filed, the
court . . . must dismiss the action without prejudice . . . . [I]f the plaintiff shows
good cause for the failure, the court must extend the time for service.

Despite having had more than a year to serve the defendants, Robinson failed to
effect service. Robinson fails to show good cause for the failure, thus a further
extension of time is unwarranted.
Robinson objects (Doc. 28) to the report and recommendation. A de novo
review of the report and recommendation reveals that Robinson’s objections are
unfounded, unpersuasive, or anticipated by the magistrate judge. The objections
require no different resolution. Accordingly, Robinson’s objections (Doc. 28) are

OVERRULED, and the report and recommendation (Doc. 27) is ADOPTED.
Robinson’s amended complaint (Doc. 17) is DISMISSED WITHOUT
PREJUDICE. The clerk is directed to close the case.
ORDERED in Tampa, Florida, on March 6, 2017.

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