REDDING v. SIMCOX

Filing 35

ORDER DISMISSING THE CLAIMS AGAINST THE DEFENDANT KALU (The report and recommendation 31 is ACCEPTED and adopted as the courts opinion. The plaintiffs claims against Ms. Kalu are dismissed without prejudice. Signed by JUDGE ROBERT L HINKLE on 5/5/2014. (dc)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

NATHANIEL REDDING,
Plaintiff,
v.

CASE NO. 4:13cv408-RH/GRJ

CATHY SIMCOX et al.,
Defendants.
_____________________________/
ORDER DISMISSING THE CLAIMS
AGAINST THE DEFENDANT KALU
This case is before the court on the magistrate judge’s report and
recommendation, ECF No. 31. No objections have been filed.
The report and recommendation correctly concludes that the claims against
the defendant Patricia N. Kalu should be dismissed for failure to serve process
within the time allowed by Federal Rule of Civil Procedure 4(m). Efforts to effect
service through the United States Marshals Service have been unsuccessful. This
order thus dismisses the claims against Ms. Kalu.
This order does not preclude the plaintiff from seeking leave to amend to
reinstate the claims against Ms. Kalu if (1) the plaintiff acquires information that

Case No. 4:13cv408-RH/GRJ

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would allow service and (2) allowing the amendment would not unduly delay the
case.
Accordingly,
IT IS ORDERED:
The report and recommendation is ACCEPTED and adopted as the court’s
opinion. The plaintiff’s claims against Ms. Kalu are dismissed without prejudice.
SO ORDERED on May 5, 2014.
s/Robert L. Hinkle
United States District Judge

Case No. 4:13cv408-RH/GRJ