EDWARDS v. WESTERN PRODUCTS, LLC, et al
Filing
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ORDER signed by JUDGE JAMES A. BEATY, JR on 08/12/2013, that the Magistrate Judge's Recommendation [Doc. # 13 ] is therefore affirmed and adopted for the reasons set forth therein. and that this action is DISMISSED WITHOUT PREJUDICE for failure to comply with the Court's prior Order and the corresponding failure to effect service of process pursuant to Federal Rule of Civil Procedure 4(m). A Judgment will be entered contemporaneously herewith. (Taylor, Abby)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
MOLLIE PAIGE EDWARDS,
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)
Plaintiff,
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v.
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WESTERN PRODUCTS, LLC,
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HOMECREST OUTDOOR,
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TODD WINGRAVE, MARK FILLHOUR,
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MICHAEL BULLINGER, TRELA HENDRIX, )
TONI SANDIN, SANDIN LAWFIRM,
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and EEOC,
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Defendants.
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1:12CV988
ORDER
BEATY, District Judge.
This matter is before the Court on a Recommendation of the United States Magistrate
Judge recommending that this action be dismissed without prejudice pursuant to Federal Rule
of Civil Procedure 4(m). The Recommendation was filed on July 2, 2013, and notice was served
on the parties pursuant to 28 U.S.C. § 636(b). No objections were filed within the time limits
prescribed by § 636. In the absence of objections, this Court reviews the Recommendation only
for clear error. See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir.
2005); Fed. R. Civ. P. 72 advisory committee’s note. The Court has appropriately reviewed the
Recommendation. Having done so, the Court finds that no clear error exists and the
Recommendation should be adopted. The Magistrate Judge’s Recommendation [Doc. #13] is
therefore affirmed and adopted for the reasons set forth therein.
IT IS THEREFORE ORDERED that this action is DISMISSED WITHOUT
PREJUDICE for failure to comply with the Court’s prior Order and the corresponding failure
to effect service of process pursuant to Federal Rule of Civil Procedure 4(m). A Judgment will
be entered contemporaneously herewith.
This, the 12th day of August, 2013
United States District Judge
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