Franklin et al v. North Central Narcotics Task Force et al

Filing 73

ORDER adopting Report and Recommendation re Defendant Scott Stewart 70 . Signed by Honorable David C. Bramlette, III on 2/13/2017 (EB)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
ROBERT FRANKLIN AND SHANNON
O’QUINN FRANKLIN, EACH INDIVIDUALLY
AND EACH ON BEHALF OF LARRY D. MAYS,
A MINOR CHILD
v.

PLAINTIFFS

CIVIL ACTION NO. 5:15-cv-120-DCB-MTP

NORTH CENTRAL NARCOTICS TASK FORCE;
CLAIBORNE COUNTY, MISSISSIPPI; MARIO GRADY,
IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES;
CORY WEATHERSPOON, IN HIS OFFICIAL AND
INDIVIDUAL CAPACITIES; SCOTT STEWART,
IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES;
WILLIAM NEVELS, IN HIS OFFICIAL AND
INDIVIDUAL CAPACITIES; MICHAEL WELLS,
IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES;
AND DOE DEFENDANTS 1-10

DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION
This cause is before the Court on Magistrate Judge Michael T.
Parker’s Report and Recommendation (docket entry 70), to which no
objections were filed.

Having carefully reviewed the same, the

Court finds that the plaintiffs failed to serve defendant Scott
Stewart within the 90 days provided by Federal Rule of Civil
Procedure 4.

Plaintiffs’ filed their Complaint on June 1, 2015 in

Claiborne County Circuit Court, and the case was removed to this
Court on December 11, 2015. Defendant Stewart was not served prior
to removal, and Plaintiffs made no attempt to locate or serve
Stewart after the case was removed.

Furthermore, the Plaintiffs

waited more than 200 days after the deadline for service passed

before requesting additional time to serve defendant Stewart, and
they have failed to establish good cause for the delay.
Although Rule 4(m) provides the Court with discretion to grant
an extension of time in certain cases even without good cause
shown, the Court is unaware of circumstances justifying such an
extension in this case.

Moreover, to allow additional time for

service at this late stage, after multiple dispositive motions
have

been

presented

and

ruled

prejudicial to defendant Stewart.

upon,

would

undoubtedly

be

Therefore, the Court adopts the

Report and Recommendation and shall dismiss Plaintiffs’ claims
against Scott Stewart without prejudice.
Accordingly,
IT IS HEREBY ORDERED that Magistrate Judge Michael T. Parker’s
Report and Recommendation (docket entry 70) is ADOPTED as the
findings and conclusions of this Court.
IT IS FURTHER ORDERED that all claims against defendant Scott
Stewart are dismissed without prejudice.
SO ORDERED, this the 13th day of February, 2017.

/s/ David Bramlette
UNITED STATES DISTRICT JUDGE