Maxwell v. Hininger et al

Filing 56

ORDER ADOPTING REPORT AND RECOMMENDATIONS 53 . Defendants' Motion 51 to Dismiss is denied. Plaintiff shall properly serve prepared Summons, Complaint and Proofs of Services on all defendants within 45 days, or no later than August 24, 2012. Plaintiff is responsible for locating the appropriate addresses for all of the defendants, marking all mail "restricted delivery" that is going to an out-of-state defendant, and properly serving the defendants that are in-state residents pursuant to Fed. R. Civ. P. 4. Failure to properly serve the defendants will lead to dismissal of this case without prejudice pursuant to Fed. R. Civ. P. 4(m). Signed by Honorable David C. Bramlette, III on July 25, 2012. (lda)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
LLOYD GEORGE MAXWELL
VS.

PLAINTIFF
CIVIL ACTION NO. 5:10-cv-130-DCB-JMR

DAMON HININGER, VANCE LAUGHLIN,
UNKNOWN SLAVENS, UNKNOWN CALHOUN,
RYAN CALLAHAN, UNKNOWN MOLINA,
AND UNKNOWN MCDANIAL

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, and there being no objections
thereto filed by either party, and the Court, having fully
reviewed the 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 Chief United States Magistrate Judge John M. Roper be, and the
same is hereby, adopted as the finding of this Court, and that
Defendants Damon Hininger, Vance Laughlin, Slavens, Calhoun, Ryan
Callahan, Molina, and McDanials’ Motion

[51] to Dismiss is

DENIED;
FURTHER ORDERED, that Plaintiff properly serve prepared
Summons, Complaint and Proofs of Services on all defendants
within 45 days, or no later than August 24, 2012. Plaintiff is

responsible for locating the appropriate addresses for all of the
defendants, marking all mail "restricted delivery" that is going
to an out-of-state defendant, and properly serving the defendants
that are in-state residents pursuant to Fed. R. Civ. P. 4.
Failure to properly serve the defendants will lead to dismissal
of this case without prejudice pursuant to Fed. R. Civ. P. 4(m).
SO ORDERED, this the 25th

day of July, 2012.

s/David Bramlette
UNITED STATES DISTRICT JUDGE

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