Foster v. Hawkins et al

Filing 16

ORDER adopting 15 Report and Recommendations of United States Magistrate Judge. The Report and Recommendation of United States Magistrate Judge F. Keith Ball is adopted as the finding of this Court, and the entire action should be dismissed without prejudice. A judgment will be entered in a separate docket entry to follow. Signed by District Judge Daniel P. Jordan III on January 25, 2012. (SP)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
EASTERN DIVISION
ANTON FOSTER

PLAINTIFF

VS.

CIVIL ACTION NO. 4:10-cv-169-DPJ-FKB

SGT. B. HAWKINS and NURSE UNKNOWN ROLLIN

DEFENDANTS

ORDER
This cause came on this date to be heard upon the Report and Recommendation of the
United States Magistrate Judge, after referral of hearing by this Court. Magistrate Judge Ball
recommended dismissal of Fosters’s Complaint for failure to timely serve process pursuant to
Fed. R. Civ. P. 4(m). The Court, having fully reviewed the unopposed Report and
Recommendation of the United States Magistrate Judge entered in this cause, and being duly
advised in the premises, finds that said Report and Recommendation should be adopted as the
opinion of this Court.
IT IS, THEREFORE, ORDERED that the Report and Recommendation of United States
Magistrate Judge F. Keith Ball be, and the same is hereby, adopted as the finding of this Court,
and the same entire action should be dismissed without prejudice.
A separate judgment will be entered herein in accordance with the Order as required by
Rule 58 of the Federal Rules of Civil Procedure.
SO ORDERED AND ADJUDGED this the 25th day of January, 2012.
s/ Daniel P. Jordan III
UNITED STATES DISTRICT JUDGE