Laffoon v. Jester et al

Filing 23

ORDER adopting Report and Recommendations re 22 Report and Recommendation.. Signed by Honorable Timothy D. DeGiusti on 2/26/2016. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
WILLIAM F. LAFFOON,
Plaintiff,
v.
LINDA JESTER, et al.,
Defendants.

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Case No. CIV-15-509-D

ORDER
This matter is before the Court for review of the Supplemental Report and
Recommendation issued by United States Magistrate Judge Gary M. Purcell pursuant to 28
U.S.C. ' 636(b)(1)(B) and (C). Judge Purcell recommends a dismissal without prejudice
of Plaintiff=s action pursuant to Fed. R. Civ. P. 4(m) due to the lack of service of process.
Plaintiff has neither filed a timely objection to the Supplemental Report nor
requested additional time to object, even though he was informed of the deadline and the
consequence of failing to object. The Court notes that Plaintiff timely objected to the
initial Report and Recommendation regarding payment of the filing fee, demonstrating his
understanding of the need to object and the proper manner for filing an objection. The
Court further notes that Plaintiff gave notice of a change of address due to his prison
transfer before the Supplemental Report was issued, and the Supplemental Report was
mailed to his new address. Under these circumstances, the Court finds that Plaintiff has
waived further review of the factual and legal issues addressed in the Supplemental Report.
Further, for the reasons stated by Judge Purcell, the Court finds that an extension of time to

effect service of process is unwarranted under the circumstances and a dismissal under
Rule 4(m) is appropriate.
IT IS THEREFORE ORDERED that the Report and Recommendation [Doc. No.
22] is ADOPTED in its entirety. This action is DISMISSED without prejudice pursuant
to Rule 4(m). A separate judgment of dismissal shall be entered.
IT IS SO ORDERED this

26th

day of February, 2016.

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