Amos v. Klemik et al

Filing 17

ORDER adopting 15 Report and Recommendation and DISMISSING CASE. Signed by U.S. District Judge Karen E. Schreier on 12/16/15. (DJP)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
DARRIN TROY AMOS,
Plaintiff,
vs.
JOSHUA KLEMIK, UNIT MANAGER,
MDSP; TRAVIS TJEERDSMA, CASE
MANAGER, MDSP; TAMMY DEJONG,
UNIT COORDINATOR, MDSP; JIM
HALSEY, CULTURAL AFFAIRS
COORDINATOR (CAC), MDSP; SPAK,
CO, MDSP; MS. NIXON, CO, MDSP;
ROBERT DOOLEY, WARDEN, MDSP,
DIRECTOR OF PRISON OPERATIONS
FOR SD DOC; AND UNKNOWN
DEPARTMENT OF CORRECTIONS
STAFF;

4:15-CV-04044-KES
ORDER ADOPTING REPORT
AND RECOMMENDATION AND
DISMISSING CASE

Defendants.
Plaintiff, Darrin Troy Amos, filed this lawsuit pursuant to 42 U.S.C.
§ 1983. The case was referred to Magistrate Judge Veronica Duffy pursuant to
28 U.S.C. § 636(b)(1)(B) for the purpose of conducting any necessary hearings,
including evidentiary hearings.
On November 18, 2015, the magistrate judge submitted her report and
recommended that Amos’s complaint (Docket 1) be dismissed without prejudice
for failure to serve the complaint on defendants by October 30, 2015. To date,
service still has not been completed.

Amos was notified in the report and recommendation that he had 14
days to file objections to the report. Even though no objections were filed that
would require de novo review under Thompson v. Nix, 897 F.2d 356 (8th Cir.
1990), the court reviewed the matter de novo and finds that the magistrate
judge's report and recommendation is adopted in full. Therefore, it is
ORDERED that:
1.

The report and recommendation of the magistrate judge (Docket

15) is adopted in full.
2.

Amos’s complaint is dismissed without prejudice for failure to

serve the complaint on defendants.
Dated December 16, 2015.
BY THE COURT:

/s/ Karen E. Schreier
KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE

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