Walker v. Hollaway et al

Filing 43

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 41 Report and Recommendations, as the finding of this Court; and Ordered that plaintiff's claims against Marcus Nelson are dismissed without prejudice. Marcus E. Nelson terminated. Signed by District Judge Louis Guirola, Jr. on 8/15/18. (RLW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
DEMARIO DONTEZ WALKER
v.

PLAINTIFF
CAUSE NO. 1:17CV244-LG-RHW

HOLLAWAY, ET AL.

DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION
AND DISMISSING DEFENDANT MARCUS NELSON
This cause comes before the Court on the [41] Report and Recommendation of
United States Magistrate Judge Robert H. Walker entered in this cause on July 24,
2018. Magistrate Judge Walker reviewed the procedural history of the attempts at
service of process on Defendant Marcus Nelson. The Court has made three attempts
to serve Nelson, at three different addresses, and none were successful. Since
Plaintiff Walker has been unable to provide an address for Defendant Nelson,
Magistrate Judge Walker recommends that Nelson be dismissed from this case,
without prejudice. The copy of the Report and Recommendation mailed to the
plaintiff by certified mail was received on July 28, 2018. (See Acknowledgment of
Receipt, ECF No. 42.) There has been no objection filed by Plaintiff Walker within
the time allowed for doing so.
In the absence of any objection to Magistrate Judge Walker’s
recommendation, 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). After having reviewed the Report and
Recommendation and the record in this case, the Court finds that the Magistrate

Judge’s conclusion is neither clearly erroneous nor contrary to law. Accordingly, it
will be adopted by this Court and the plaintiff’s claims against Nelson dismissed.
IT IS THEREFORE ORDERED AND ADJUDGED that the [41] Report
and Recommendation of United States Magistrate Judge Robert H. Walker entered
in this cause on July 24, 2018 should be, and the same hereby is, adopted as the
finding of this Court.
IT IS FURTHER ORDERED AND ADJUDGED that the plaintiff’s claims
against Marcus Nelson are DISMISSED without prejudice.
SO ORDERED AND ADJUDGED this the 15th day of August, 2018
s\

Louis Guirola, Jr.

Louis Guirola, Jr.
U.S. District Judge

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