Edwards v. Dayton Veterans Medical Center et al

Filing 9

REPORT AND RECOMMENDATIONS - It is therefore respectfully recommended that this case be dismissed without prejudice for lack of service of process. Objections to R&R due by 3/23/2015. Signed by Magistrate Judge Michael R Merz on 3/5/2015. (kpf1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
DRAKE A. EDWARDS,
Plaintiff,

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vs

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Case No. 3:14-cv-374

District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

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DAYTON VETERANS MEDICAL CENTER,

Defendant.

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REPORT AND RECOMMENDATIONS

Fed. R. Civ. P. 4(m) provides that a case in federal court shall be dismissed unless service
is completed within 120 days of filing. This case was filed October 29, 2014; the 120th day after
filing was February 26, 2015. Plaintiff has received notice from the United States Attorney that
service was not complete and notice from the Court that the case would be dismissed if service
were not completed by February 26, 2015 (Notice, Doc. No. 6; Order, Doc. No. 7). The docket
shows that service has not been completed.
It is therefore respectfully recommended that this case be dismissed without prejudice for
lack of service of process.
March 5, 2015.
s/ Michael R. Merz
United States Magistrate Judge

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NOTICE REGARDING OBJECTIONS
Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written objections to the
proposed findings and recommendations within fourteen days after being served with this Report
and Recommendations. Pursuant to Fed. R. Civ. P. 6(d), this period is extended to seventeen
days because this Report is being served by one of the methods of service listed in Fed. R. Civ.
P. 5(b)(2)(C), (D), (E), or (F). Such objections shall specify the portions of the Report objected
to and shall be accompanied by a memorandum of law in support of the objections. If the Report
and Recommendations are based in whole or in part upon matters occurring of record at an oral
hearing, the objecting party shall promptly arrange for the transcription of the record, or such
portions of it as all parties may agree upon or the Magistrate Judge deems sufficient, unless the
assigned District Judge otherwise directs. A party may respond to another party=s objections
within fourteen days after being served with a copy thereof. Failure to make objections in
accordance with this procedure may forfeit rights on appeal. See United States v. Walters, 638
F.2d 947, 949-50 (6th Cir. 1981); Thomas v. Arn, 474 U.S. 140, 153-55 (1985).

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