Winding v. Rutledge et al

Filing 149

ORDER ADOPTING 143 Report and Recommendations, and dissmissing 127 Motion for Default Judgment. Signed by District Judge Carlton W. Reeves on 4/23/2015. (kf)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION
JAMES C. WINDING
VS.

PLAINTIFF
CIVIL ACTION NO. 3:13-cv-289-CWR-FKB

C. RUTLEDGE, et al.

DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court pursuant to the Report and Recommendation of United
States Magistrate Judge F. Keith Ball. The Magistrate Judge’s Report and Recommendation
notes that the Plaintiff, James C. Winding, had previously been ordered to show cause as to why
Defendants Rutledge and Trinity Food Service should not be dismissed pursuant to Rule 4(m) of
the Federal Rules of Civil Procedure. See Docket No. 143. As stated by the Magistrate Judge, the
Plaintiff responded to the order of the court, but still failed to demonstrate that these Defendants
had been served with process in his response. As a result, the Magistrate Judge recommended
that the case be dismissed, see id., and the Plaintiff timely filed his objection. See Docket Nos.
145 and 146.
This Court, having considered the Plaintiff’s written objections, hereby adopts the
Magistrate Judge’s Report and Recommendation as the order of this Court. The Court finds that
the Plaintiff has failed to provide adequate proof that these Defendants were properly served with
the Summons and Complaint. See Fed. R. Civ. P. 4(l). Although Plaintiff argues that service on
the secretary to the warden was sufficient service on these Defendants, that is not the case. See
id. at 4(e), (h). For these reasons, the Report and Recommendation is granted and the Plaintiff’s
objections are overruled. Defendants Rutledge and Trinity Food Service are dismissed from this
action without prejudice.

Furthermore, having determined that these Defendants are dismissed from this action, the
Court denies the Plaintiff’s Motion for Default Judgment, Docket No. 127.
SO ORDERED, this the 23rd day of April, 2015.

s/ Carlton W. Reeves
UNITED STATES DISTRICT JUDGE