Wright v. MacConnell
REPORT AND RECOMMENDATIONS - It is recommended that unless Plaintiff show good cause to the contrary not later than May 19, 2016, this case be dismissed without prejudice. Objections to R&R due by 5/27/2016. Signed by Magistrate Judge Michael R. Merz on 5/9/2016. (kpf)(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
Case No. 3:15-cv-211
District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz
REPORT AND RECOMMENDATIONS
This action is before the Court sua sponte.
The case was filed June 16, 2015,
approximately eleven months ago. Fed. R. Civ. P. 4(m) provides that an action in federal court
must be dismissed without prejudice as to a defendant who has not been served with process
within ninety days of filing1. Numerous efforts have been made by the Clerk and by the United
States Marshal to obtain service of process, but no service has been obtained on either of the
Formerly 120 days.
It is accordingly recommended that unless Plaintiff show good cause to the contrary not
later than May 19, 2016, this case be dismissed without prejudice.
May 9, 2016.
s/ Michael R. Merz
United States Magistrate Judge
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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