Tomlinson v. Collins et al

Filing 41

ORDER - The Court ADOPTS the Report and Recommendations 38 . The motion to dismiss Defendant Siddiqi 31 is DENIED. Plaintiff shall effect service on that defendant within twenty-eight days of this order, or his claims against that defendant will be dismissed without prejudice. Signed by Judge John D. Holschuh on 5/24/10. (jr1)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION JOHN R. TOMLINSON, Plaintiff, v. DIRECTOR TERRY COLLINS, et al., Defendants. ORDER On April 26, 2010, a Report and Recommendation was filed recommending that the motion to dismiss filed by defendant Dr. Siddiqi be denied, and that plaintiff be granted a twenty-eight day extension of time to effect service on Dr. Siddiqi. Recommendation within fourteen days. filed. (#38). The parties were advised of their right to object to the Report and No objections have been Therefore, the Court ADOPTS the Report and Recommendation The motion to dismiss Defendant Siddiqi (#31) is DENIED. : : : : : Case No. 2:09-cv-0125 Judge Holschuh

Plaintiff shall effect service on that defendant within twentyeight days of this order, or his claims against that defendant will be dismissed without prejudice pursuant to Fed.R.Civ.P. 4(m). IT IS SO ORDERED. Date: May 24, 2010 /s/ John D. Holschuh John D. Holschuh, Judge United States District Court