Lane v. Garden Park Medical Center

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 3 Report and Recommendations. This civil action is dismissed without prejudice. Signed by District Judge Halil S. Ozerden on 10/21/2014 (wld)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
JOHN D. LANE

PLAINTIFF

V.

CIVIL NO.: 1:14CV127-HSO-RHW

GARDEN PARK MEDICAL CENTER

DEFENDANT

ORDER ADOPTING PROPOSED FINDINGS OF FACT AND
RECOMMENDATION AND DISMISSING PLAINTIFF’S CLAIM WITHOUT
PREJUDICE
BEFORE THE COURT is the Proposed Findings of Fact and
Recommendation [3] of United States Magistrate Judge Robert H. Walker. Plaintiff
has not filed an objection. The Magistrate Judge recommended that Plaintiff’s
lawsuit be dismissed without prejudice for failure to prosecute. Where a party fails
to file specific objections to a magistrate’s report and recommendations, the district
court reviews the report and recommendations for findings and conclusions that are
clearly erroneous or contrary to law. United States v. Wilson, 864 F.2d 1219, 1221
(5th Cir. 1989).
The Court finds that the Magistrate Judge properly recommended that
Plaintiff’s claim be dismissed for failure to prosecute. Plaintiff filed his Complaint
[1] against Garden Park Medical Center on March 14, 2014, yet did not serve
summons or the Complaint on Defendant within 120 days of filing the Complaint as
required by Rule 4(m) of the Federal Rules of Civil Procedure. Further, Plaintiff
never responded to the Court’s Order [2] requiring Plaintiff to show cause why his
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Complaint should not be dismissed for failure to effect timely service of process.
Based on the foregoing, the Proposed Findings of Fact and Recommendation [3] of
United States Magistrate Judge Robert H. Walker is not clearly erroneous or
contrary to law, and should be adopted as the finding of this Court.
IT IS, THEREFORE, ORDERED AND ADJUDGED that, the Proposed
Findings of Fact and Recommendation [3] of United States Magistrate Judge Robert
H. Walker entered on September 22, 2014, is adopted as the finding of this Court.
IT IS, FURTHER, ORDERED AND ADJUDGED that, this civil action is
DISMISSED WITHOUT PREJUDICE. A separate judgment will be entered in
accordance with this Order as required by Federal Rule of Civil Procedure 58.
SO ORDERED AND ADJUDGED, this the 21st day of October, 2014.

s/ Halil Suleyman Ozerden
HALIL SULEYMAN OZERDEN
UNITED STATES DISTRICT JUDGE

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