Ross v. Iron, County of et al

Filing 12

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 9 ; signed by Judge R. Allan Edgar (Judge R. Allan Edgar, cam)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
LINDSAY CLARK ROSS,
Plaintiff,
v.

Case No. 2:14-cv-212
HON. R. ALLAN EDGAR
HON. TIMOTHY P. GREELEY

IRON, COUNTY OF, et al.,
Defendants.
_____________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
On October 10, 2014, Lindsay Ross filed a pro se civil rights complaint pursuant to 42
U.S.C. § 1983. ECF Nos. 1. Plaintiffs are responsible for serving the summons and complaint on
the defendants within 120 days after the complaint is filed. Fed. R. Civ. Pro. 4(c), (m). Since
Ross filed his complaint he has not served any of the eighteen defendants, nor has he attempted
to prosecute his case in any other way. On January 8, 2016, Magistrate Judge Timothy P.
Greeley provided notice to Ross that his complaint would be dismissed because he failed to serve
any of the defendants. ECF No. 9. Ross objected to the Report and Recommendation (“R&R”)
but does not argue that he had good cause for failing to serve the defendants and, instead, among
other requests, asks the court to serve the complaint (or amended complaint) on his behalf. ECF
No. 11 at 7–11. However, Ross is not proceeding in forma pauperis pursuant to 28 U.S.C. §
1915. Fed. R. Civ. Pro. 4(c)(3). The time allowed for serving the defendants has long expired,
and Judge Greeley’s R&R provides the requisite notice to Ross that his failure to serve the
defendants will result in dismissal of his complaint.
Accordingly, Magistrate Judge Greeley’s R&R is APPROVED AND ADOPTED as the
Opinion of the Court. ECF No. 9. The petition is DISMISSED WITHOUT PREJUDICE.
IT IS ORDERED that a certificate of appealability is denied. A judgment consistent with this
Order will be entered.
SO ORDERED.

Dated:

2/2/2016

/s/ R. Allan Edgar
R. Allan Edgar
United States District Court Judge