Hayes v. Keystone Western Inc et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 10 . This case is dismissed without prejudice under Federal Rule of Civil Procedure 42(b). Alternatively,dismissal would be justified under Rule 4(m) for failure to accomplish service. Signed by Judge Jon E DeGuilio on 10/10/2014. (cc: Hayes)(rmn)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION MAQUILLA HAYES, Plaintiff, v. KEYSTONE WESTERN, INC. and PAWEL PLAWNY, Defendants. ) ) ) ) ) ) ) ) ) ) Case No. 2:13-CV-035 JD ORDER Now before the Court is the Report and Recommendation of Magistrate Judge Rodovich that this case be dismissed without prejudice for failure to prosecute. [DE 10.] The plaintiff was originally represented by counsel, who previously withdrew because of a lack of communication from the plaintiff. [DE 7.] Upon withdrawing, counsel provided the last known address of the plaintiff. However, all mailings to that address have been returned as undeliverable. [DE 9, DE 11.] Since that time, Ms. Hayes has done nothing to prosecute her case. Accordingly, the Report and Recommendation is adopted. [DE 10.] This case is dismissed without prejudice under Federal Rule of Civil Procedure 42(b). Alternatively, dismissal would be justified under Rule 4(m) for failure to accomplish service. SO ORDERED. ENTERED: October 10, 2014 /s/ JON E. DEGUILIO Judge United States District Court

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