Eagle v. United States of America et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATION 14 and dismissing this action without prejudice due to plaintiffs failure to comply with his obligation under Federal Rule of Civil Procedure 4(m) to timely serve defendant with process. Signed by Honorable Vicki Miles-LaGrange on 3/11/2015. (ks)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
CLIFFORD W. EAGLE,
Plaintiff,
vs.
UNITED STATES OF AMERICA,
Defendant.

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Case No. CIV-14-1330-M

ORDER
On February 10, 2015, United States Magistrate Judge Gary M. Purcell issued a
Supplemental Report and Recommendation in this action. The Magistrate Judge recommended that
plaintiff’s cause of action be dismissed without prejudice due to plaintiff’s failure to comply with
his obligation under Federal Rule of Civil Procedure 4(m) to timely serve defendant with process.
Plaintiff was advised of his right to object to the Supplemental Report and Recommendation by
March 2, 2015. On March 4, 2015, plaintiff filed his objections. In his objections, plaintiff does not
address the issue of his failure to timely serve defendant with process. Instead, plaintiff requests the
appointment of counsel and contends that this Court has discretionary authority to appoint counsel
to assist indigent civil litigants who are proceeding in forma pauperis. Plaintiff, however, is not an
indigent civil litigant and is not proceeding in forma pauperis in this case. The Court, therefore,
finds no need to appoint plaintiff counsel.
Having carefully reviewed this matter de novo, the Court:
(1)

ADOPTS the Supplemental Report and Recommendation [docket no. 14], and

(2)

DISMISSES this action without prejudice due to plaintiff’s failure to comply with
his obligation under Federal Rule of Civil Procedure 4(m) to timely serve defendant
with process.

IT IS SO ORDERED this 11th day of March, 2015.