Edwards v. Hi-Pharmaceuticals Incorporation
Filing
10
ORDER adopting Report and Recommendations re 8 Report and Recommendations AND DISMISSING COMPLAINT. Signed by District Judge Louis Guirola, Jr on 11/5/18.(Copy of this order mailed to Plaintiff.) (LAT)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
CHARLEY EDWARDS
v.
PLAINTIFF
CAUSE NO. 3:17CV985-LG-RHW
HI-PHARMACEUTICALS
INCORPORATION
DEFENDANT
ORDER ADOPTING REPORT AND RECOMMENDATION AND
DISMISSING COMPLAINT
BEFORE THE COURT is the [8] Report and Recommendation of United
States Magistrate Judge Robert H. Walker, entered in this cause on October 11,
2018. Magistrate Judge Walker recounted the Court’s efforts to instruct and
remind the plaintiff of his duty to prosecute this case, and the plaintiff’s failure to
effect service of process upon the sole defendant. Magistrate Judge Walker
accordingly recommended that Plaintiff’s Complaint be dismissed without prejudice
for failure to prosecute.
Since Plaintiff was granted leave to proceed in forma pauperis on March 30,
2018, he has taken no further action. Magistrate Judge Walker issued an [7] Order
to Show Cause on August 20, 2018 before issuing the instant [8] Report and
Recommendation. The plaintiff has yet to respond to either.
Where no objection has been filed, the Court need only review the Report and
Recommendation to 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 the Magistrate Judge’s findings and
conclusions neither clearly erroneous nor contrary to law. The Court agrees that
Plaintiff’s Complaint is due to be dismissed for failure to timely effect service of
process under Federal Rule of Civil Procedure 4(m) and for failure to prosecute this
case under Federal Rule of Civil Procedure 41(b). Therefore, the Report and
Recommendation will be adopted as the opinion of this Court, and Plaintiff’s
Complaint will be dismissed without prejudice.
IT IS THEREFORE ORDERED AND ADJUDGED that the [8] Report
and Recommendation of United States Magistrate Judge Robert H. Walker entered
in this cause on October 11, 2018 is ADOPTED as the finding of this Court.
IT IS FURTHER ORDERED AND ADJUDGED that Plaintiff Charley
Edwards’ [1] Complaint is DISMISSED without prejudice.
SO ORDERED AND ADJUDGED this the 5th day of November, 2018.
s/
Louis Guirola, Jr.
LOUIS GUIROLA, JR.
UNITED STATES DISTRICT JUDGE
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