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)

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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

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