Evans v. Sternal

Filing 21

REPORT AND RECOMMENDATIONS re 16 Defendant's MOTION to Dismiss 14 Summons Returned Executed, 1 Complaint Rule 12(b)(2) and 12(b)(5) filed by Sandra Sternal. Recommending granting. Objections to R&R due by 6/22/2009. Signed by Magistrate Judge Patrick A. White on 6/3/2009. (tw) Modified recommendation text on 6/8/2009 (dg).

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 09-10013-CIV-KING MAGISTRATE JUDGE P. A. WHITE ERVIN EVANS, AKA ERVIN J. THOMPSON, Plaintiff, v. SANDRA STERNAL, Defendants. : : : : : REPORT OF MAGISTRATE JUDGE

This Cause is before the Court upon the defendant Sternal's Motion to Dismiss. [DE# 16]. On February 4, 2009, the plaintiff Ervin Evans, a/k/a Ervin J. Thompson filed a pro se civil rights complaint pursuant to 42 U.S.C. §1983. [DE# 1]. pauperis. The case is proceeding against Sandra Sternal, a dietician with Trinity Food Services. [DE# 11]. adequate amount of wholesome food. The Deputy Marshal attempted to serve Sternal by leaving the process with Nancy Climo, identified as "V.P. of Administration." [DE# 14]. This service is insufficient because Climo is not See Fed.R.Civ.P. 4(e)(2). identified as an agent authorized by appointment or by law to receive service of process. The plaintiff alleges that Sternal has not provided an adequate amount of food not and The plaintiff is proceeding in forma

Based on the foregoing, it is recommended that the defendant Sternal's Motion to Dismiss [DE# 16] be granted.1 Objections to this report may be filed with the District Judge within ten days of receipt of a copy of the report. It is so recommended at Miami, Florida, this 3rd day of June, 2009.

_______________________________ UNITED STATES MAGISTRATE JUDGE cc: Ervin Evans, a/k/a Ervin J. Thompson, Pro Se No. 6014242 Monroe County Detention Center 5501 College Road Key West, FL 33040 Counsel of Record

The Undersigned has issued an Order directing the U.S. Marshal to properly serve Sternal. 2

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