Lally v. Clarksville Montgomery County Police Department et al
Filing
24
REPORT AND RECOMMENDATION: The undersigned previously entered an Order on May 20, 2013 (Docket Entry No. 20), requiring Plaintiff to file with the Court a written explanation showing cause for his failure to serve Defendant within 120 days after the filing of the Complaint pursuant to Fed.R.Civ.P. 4(m). As of the date of the filing of this Report and Recommendation, Plaintiff has failed to comply with the Court's previous Order. Therefore, the undersigned recommends that this action be dismissed without prejudice. Signed by Magistrate Judge E. Clifton Knowles on 8/9/2013. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
Lally v. Clarksville Montgomery County Police Department et al
Doc. 24
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
MICHAEL FRANCIS LALLY
v.
DAVID JOHNSON
)
)
)
)
)
Civil Action No. 3:12-0911
Judge Sharp/Knowles
REPORT AND RECOMMENDATION
The undersigned previously entered an Order on May 20, 2013
(Docket Entry No. 20), requiring Plaintiff to file with the Court
a written explanation showing cause for his failure to serve
Defendant within 120 days after the filing of the Complaint
pursuant to Fed.R.Civ.P. 4(m).
The Order required Plaintiff to
file such explanation within twenty (20) days of the date of
entry of the Order, and it also stated in pertinent part, “If
Plaintiff fails to comply with the provisions of this Order, the
undersigned will recommend that this action be dismissed without
prejudice.”
As of the date of the filing of this Report and
Recommendation, Plaintiff has failed to comply with the Court’s
previous Order.
Therefore, the undersigned recommends that this
action be dismissed without prejudice.
Under Rule 72(b) of the Federal Rules of Civil Procedure,
any party has fourteen (14) days after service of this Report and
Recommendation in which to file any written objections to this
Recommendation with the District Court.
Any party opposing said
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objections shall have fourteen (14) days after service of any
objections filed to this Report in which to file any response to
said objections.
Failure to file specific objections within
fourteen (14) days of service of this Report and Recommendation
can constitute a waiver of further appeal of this Recommendation.
See Thomas v. Arn, 474 U.S. 140, 106 S.Ct. 466, 88 L. Ed. 2d 435
(1985), reh’g denied, 474 U.S. 111 (1986); 28 U.S.C. § 636(b)(1);
Fed. R. Civ. P. 72.
E. CLIFTON KNOWLES
United States Magistrate Judge
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