Bodman #511468 v. Dennis et al

Filing 53

ORDER ADOPTING REPORT AND RECOMMENDATION 43 : Plaintiff's Objection 46 is OVERRULED and Unknown Party #1 is DISMISSED without prejudice; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
__________________________

CHESTER RAYMOND BODMAN,
Plaintiff,
v.

Case No. 1:11-CV-600

DWAIN DENNIS, et al.,

HON. GORDON J. QUIST

Defendants.
_______________________________/

ORDER ADOPTING AUGUST 7, 2013
REPORT AND RECOMMENDATION
Plaintiff has filed an Objection to Magistrate Judge Carmody’s August 7, 2013 Report and
Recommendation (R & R), which recommends that the Court dismiss Unknown Party # 1 without
prejudice for failure to timely effect service.
Pursuant to 28 U.S.C. § 636(b)(1), upon receiving objections to a report and
recommendation, the district judge “shall make a de novo determination of those portions of the
report or specified proposed findings or recommendations to which objection is made.” After
conducting a de novo review of the R & R, the Court will adopt the R & R and overrule Plaintiff’s
Objection.
Plaintiff objects to the dismissal of Unknown Party # 1, but fails to show good cause for
failing to timely effect service. Plaintiff merely states that he is objecting to preserve his right to
appeal the dismissal. Thus, Plaintiff fails to offer any good reason why Unknown Party # 1 should
not be dismissed from this case without prejudice.
Therefore,

IT IS HEREBY ORDERED that the magistrate judge’s August 7, 2013 Report and
Recommendation (dkt. # 43) is ADOPTED as the Opinion of this Court, and Plaintiff’s Objection
(dkt. # 46) is OVERRULED
IT IS FURTHER ORDERED that Unknown Party # 1 is DISMISSED WITHOUT
PREJUDICE.

Dated: October 3, 2013

/s/ Gordon J. Quist
GORDON J. QUIST
UNITED STATES DISTRICT JUDGE

2