McGee v. Centurion Medical Services et al

Filing 65

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 62 Report and Recommendations. Plaintiff's claims against Joy Ross are dismissed without prejudice pursuant to Fed.R.Civ.P.4(m). Signed by District Judge Louis Guirola, Jr on 11/5/18 (PKS)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
CHARLES L. MCGEE, #L7157
v.

PLAINTIFF
CAUSE NO. 1:17CV224-LG-RHW

ARAMARK FOOD SERVICES CORP., ET AL.

DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION
AND DISMISSING CLAIMS AGAINST JOY ROSS
This cause comes before the Court on the [62] Report and Recommendation of
United States Magistrate Judge Robert H. Walker entered October 1, 2018 in this
prisoner civil rights lawsuit. Magistrate Judge Walker reviewed the efforts made
by the Court and Plaintiff to locate and serve one of the defendants, Joy Ross.
Despite these efforts, Plaintiff has not effected service on Ross. The Magistrate
Judge therefore recommended that Plaintiff’s claims against Ross be dismissed
without prejudice.
There has been no objection to the Report and Recommendation filed, and the
time for doing so has passed. In such circumstances, the Court need only review the
Report and Recommendation and determine whether it is either clearly erroneous
or contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989).
Having conducted the required review, the Court finds that the Magistrate Judge’s
findings and conclusions are neither clearly erroneous nor contrary to law.
Therefore, the Report and Recommendation will be adopted as the opinion of this
Court, and Plaintiff’s claims against Joy Ross dismissed without prejudice.
IT IS THEREFORE ORDERED AND ADJUDGED that the [62] Report

and Recommendation of United States Magistrate Judge Robert H. Walker entered
October 1, 2018 is adopted as the finding of this Court.
IT IS FURTHER ORDERED AND ADJUDGED that the Plaintiff’s claims
against Joy Ross are DISMISSED without prejudice pursuant to Fed. R. Civ. P.
4(m).
SO ORDERED AND ADJUDGED this the 5th day of November, 2018.

s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
UNITED STATES DISTRICT JUDGE