Williams v. Rouse et al

Filing 30

ORDER ADOPTING 28 Report and Recommendations : defendant Marie Duncan is dismissed without prejudice. Signed by Chief District Judge Louis Guirola, Jr on 7/18/2011. (avm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION

DARRELL WILLIAMS

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VERSUS
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DEVON ROUSE, JAROME BARNES, §
aka JEROME BARNES, and MARIE §
DUNCAN
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PLAINTIFF
CAUSE NO. 1:10cv300-LG-RHW

DEFENDANTS

ORDER ADOPTING PROPOSED
FINDINGS OF FACT AND RECOMMENDATIONS
BEFORE THE COURT is the [28] Proposed Findings of Fact and
Recommendations of United States Magistrate Judge Robert H. Walker, entered in this
cause on June 14, 2011, in which he recommends that Defendant Marie Duncan be
dismissed for failure to serve process. Pro se Plaintiff Darrell Williams has not filed
objections to the Magistrate Judge’s recommendations. To date, process has not be
served upon her.
The Court finds that the Magistrate Judge properly recommended that Duncan
be dismissed without prejudice for Williams’s failure to serve process upon and
otherwise prosecute the case against her. After referral of hearing by this Court, no
objections having been filed as to the Proposed Findings of Fact and Recommendations,
and the Court, having reviewed the same and being duly advised in the premises, finds
that said Proposed Findings of Fact and Recommendations should be adopted as the
opinion of this Court.
IT IS THEREFORE ORDERED AND ADJUDGED that the [28] Proposed

Findings of Fact and Recommendations of United States Magistrate Judge Robert H.
Walker, entered on June 14, 2011, be, and the same hereby is, adopted as the findings
of this Court.
IT IS FURTHER ORDERED AND ADJUDGED that Defendant Marie
Duncan is dismissed without prejudice.
SO ORDERED AND ADJUDGED this the 18th day of July, 2011.

s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
CHIEF U.S. DISTRICT JUDGE

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