Maxwell v. Lane et al

Filing 30

ORDER adopting Report and Recommendations re 29 Report and Recommendation. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
CARLOS TERRILL MAXWELL,
Plaintiff,
v.
REECE LANE, Jail Administrator,
et al.,
Defendants.

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Case No. CIV-14-50-D

ORDER
This matter comes before the Court for review of the Report and Recommendation
issued by United States Magistrate Judge Suzanne Mitchell on October 17, 2014, pursuant
to 28 U.S.C. § 636(b)(1)(B) and (C). Judge Mitchell finds that Plaintiff has failed to effect
timely service of process on any defendant and that the action should be dismissed without
prejudice pursuant to Fed. R. Civ. P. 4(m).
Plaintiff, who appears pro se, has not filed a timely objection to the Report nor
requested additional time to object, although he was expressly advised of the right to object,
the deadline for objections, and the consequences of failing to object. Upon consideration,
the Court finds that Plaintiff has waived further review of the issues addressed in the Report.
See Moore v. United States, 950 F.2d 656, 659 (10th Cir. 1991); see also United States v.
2121 East 30th Street, 73 F.3d 1057, 1060 (10th Cir. 1996). In addition, upon de novo
consideration of the issues, the Court finds Judge Mitchell’s analysis to be correct. The
Court therefore concurs in Judge Mitchell’s recommendation of dismissal for lack of service.

IT IS THEREFORE ORDERED that the Court adopts the Report and
Recommendation [Doc. No. 29] in its entirety. This action is dismissed without prejudice
pursuant to Fed. R. Civ. P. 4(m). A separate judgment of dismissal shall be entered.
IT IS SO ORDERED this 14th day of November, 2014.

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