Mattingley v. Anderson et al
District Judge Timothy S. Hillman: ORDER entered adopting Report and Recommendations re 13 Report and Recommendations and dismissing case. (Castles, Martin)
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
ROBERT SCOTT MATTINGLEY,
ANDERSON, et al.
ORDER ON MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION (Docket
June 3, 2021
Before the Court is Magistrate Judge Hennessy’s Report and Recommendation that Robert
Scott Mattingley’s (“Plaintiff’s”) pro se Eighth Amendment complaint regarding his medical
treatment during his incarceration at Federal Medical Center – Devens (Docket No. 1) be dismissed
for failure to properly effect service. Plaintiff failed to apprise the Court of his new address
following his release from custody and has not taken any of the necessary steps to preserve his
suit, despite numerous warnings. The Court did not receive an objection from Plaintiff before the
May 27, 2021 deadline for objections (and Defendants, having never been served, were not in a
position to object). Accordingly, I adopt the Report and Recommendation (Docket No. 16). The
case is dismissed without prejudice for failure to serve the remaining Defendants, Physician
Assistant C. Coffee, Dr. Hardy, Dr. Lund, and Counselor M. Tidwell, within 90 days, as required
by Fed. R. Civ. P. 4(m).
/s/ Timothy S. Hillman
Timothy S. Hillman
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