Bailey et al v. Richardson

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 2 Report and Recommendations. Plaintiffs objections (Dkt. No. 4) are OVERRULED. The Magistrate Judges Report and Recommendation is ADOPTED. See Fed. R. Civ. P. 72(b)(3); 28 U.S.C. § 636(b)(1)(C). Plaintiffs Complaint is DISMISSED WITHOUT PREJUDICE. Signed by Judge Rodney Gilstrap on 6/20/2017. (ch, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
FREDDIE LEE BAILEY, DIANA LOUISE
JOHNIGAN,

Plaintiffs,
v.
DAVID RICHARDSON,

Defendant.

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Case No. 2:16-CV-00477-JRG-RSP

ORDER
Before the Court are Plaintiffs’ objections to the Magistrate Judge’s recommendation that
this case be dismissed without prejudice for failure to serve under Federal Rule of Civil Procedure
4(m). See Dkt. No. 2. Plaintiff does not offer an adequate explanation for failing to properly serve
the complaint in more than a year since the complaint was filed. See Dkt. No. 4 (Plaintiff’s
Objection). Nor is there a basis in Rule 4(m) to excuse such a lengthy delay. The Court further

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observes that there is no apparent basis for subject matter jurisdiction over this claim against a
private citizen residing in the same state as the Plaintiffs.
Accordingly, IT IS ORDERED as follows:
(1)

Plaintiffs’ objections (Dkt. No. 4) are OVERRULED.

(2)

The Magistrate Judge’s Report and Recommendation is ADOPTED. See Fed. R. Civ. P.
72(b)(3); 28 U.S.C. § 636(b)(1)(C).

(3) Plaintiff’s Complaint is DISMISSED WITHOUT PREJUDICE.
SIGNED this 19th day of December, 2011.
So ORDERED and SIGNED this 20th day of June, 2017.

____________________________________
RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE