Burno v. Angelo et al

Filing 26

ORDER Adopting in Part 24 Report and Recommendation; and DISMISSING Without Prejudice Defendants Michael Angelo, Pacific Marketing, Inc., John Does 1-10, and XYZ Corporations 1-10, Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
LAMAR BURNO,
Plaintiff,
Case No. 14-12262
v.
Hon. John Corbett O’Meara
MICHAEL ANGELO, et al.,
Defendants.
____________________________/
ORDER ADOPTING REPORT
AND RECOMMENDATION IN PART
Before the court is Magistrate Judge Mona K. Majzoub’s report and
recommendation dated December 8, 2015. Plaintiff filed an objection on
December 14, 2015.
Magistrate Judge Majzoub recommends that Defendants Michael Angelo,
Pacific Marketing, Inc., John Does 1-10, and XYZ Corporations 1-10 be dismissed
from this action with prejudice because these defendants have not been timely
served pursuant to Fed. R. Civ. P. 4(m). Plaintiff objects that he filed this lawsuit
pro se, and that his newly obtained counsel has determined that these defendants
are not subject to the court’s jurisdiction. Plaintiff requests that the dismissal be
without prejudice.
With respect to reports and recommendations from magistrate judges, this

court “shall make a de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection is made.” 28
U.S.C. § 636(b)(1)(C). The court “may accept, reject or modify, in whole or in
part, the findings or recommendations made by the magistrate.” Id.
Rule 4(m) provides that if service is not made within 120 days of the filing
of the complaint, the court “must dismiss the action without prejudice against that
defendant. . . .” Id. (emphasis added). In accordance with the rule, the court will
dismiss these defendants without prejudice.
IT IS HEREBY ORDERED that Magistrate Judge Majzoub’s report and
recommendation is ADOPTED IN PART, consistent with this order.
IT IS FURTHER ORDERED that Defendants Michael Angelo, Pacific
Marketing, Inc., John Does 1-10, and XYZ Corporations 1-10 are DISMISSED
from this action WITHOUT PREJUDICE.
s/John Corbett O’Meara
United States District Judge
Date: January 29, 2016

I hereby certify that a copy of the foregoing document was served upon the
parties of record on this date, January 29, 2016, using the ECF system and/or
ordinary mail.

s/William Barkholz
Case Manager