Jefferson v. Rogers & Hardin LLP

Filing 7

ORDER adopting 4 Final Report and Recommendation. IT IS FURTHER ORDERED that this action is DISMISSED WITHOUT PREJUDICE under Federal Rule of Civil Procedure 4(m). Signed by Judge William S. Duffey, Jr on 4/24/2016. (anc)

the action without prejudice against that defendant or order that service be made
within a specified time.” 1
Plaintiff failed to serve Defendant by the 120-day deadline. On
June 11, 2015, the Magistrate Judge issued his R&R. In it, the Magistrate Judge
recommends Plaintiff’s complaint be dismissed without prejudice. The Magistrate
Judge noted that the R&R “constitutes notice of dismissal as required under Rule
4(m).” (R&R at 2 (citing Anderson v. Osh Kosh B’Gosh, 255 F. App’x 345, 348
(11th Cir. 2006))).
On June 23, 2015, Plaintiff filed her Objections to the R&R [6]. Plaintiff
submits the following purported objections: “Plaintiff has a disability . . .[;]
Plaintiff has been a patient of Emory Psychiatry since November 2013[;] Plaintiff’s
disability symptoms affect her academic and person life making it difficult to meet
demands and deadlines[; and] Plaintiff represents herself although she is not an
attorney.” (Obj. at 1).
More than nine months after the R&R gave Plaintiff notice that failure to
serve Defendant would result in dismissal of this action, Plaintiff still has not
served Defendant. That Plaintiff is disabled does not provide good cause for her
1

On December 1, 2015, Rule 4(m) was amended to allow a plaintiff 90 days,
rather than 120 days, to serve a complaint.

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failure to comply with the requirements of the Federal Rules of Civil Procedure.
This action is dismissed.
For the foregoing reasons,
IT IS HEREBY ORDERED that Plaintiff’s Objections to the R&R [6] are
OVERRULED.
IT IS FURTHER ORDERED that Magistrate Judge E. Clayton
Scofield III’s Final Report and Recommendation [4] is ADOPTED.
IT IS FURTHER ORDERED that this action is DISMISSED WITHOUT
PREJUDICE under Federal Rule of Civil Procedure 4(m).

SO ORDERED this 24th day of March, 2016.

_______________________________
WILLIAM S. DUFFEY, JR.
UNITED STATES DISTRICT JUDGE

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