Rylander v. Collin County Sheriff Office et al

Filing 77

ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for 67 Report and Recommendations. ORDERED that Plaintiff's Objections (Dkt. 73) are OVERRULED. It is further ORDERED that the Report and Recommendation (Dkt. 67) is ADOPTED. It is further ORDERED that Defendant Rick Allen is DISMISSED from the lawsuit without prejudice. Signed by Judge Richard A. Schell on 3/22/2017. (daj, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
DOMINIC LATRELL RYLANDER,
#1925918

VS.

COLLIN COUNTY SHERIFF
OFFICE, ET AL.

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CIVIL ACTION NO. 4:13CV707

ORDER ADOPTING REPORT AND RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
The Report and Recommendation of the Magistrate Judge (the “Report”) (Dkt. 67), which
contains her findings, conclusions, and recommendation for the disposition of the Complaint (Dkt.
1), has been presented for consideration. The Report recommends that Deputy Rick Allen be
dismissed from the lawsuit without prejudice, pursuant to Federal Rule of Civil Procedure 4(m).
Rylander has filed written Objections (Dkt. 73). Having made a de novo review of the Objections,
the court concludes that the findings, conclusions, and recommendation of the Magistrate Judge
are correct.
Rylander objects to the Magistrate Judge’s conclusion that Deputy Allen should be
dismissed from the lawsuit without prejudice due to non-service. Dismissal for delayed service is
mandatory absent a showing of good cause. See FED. R. CIV. P. 4(m); McDonald v. United States,
898 F.2d 466, 468 (5th Cir. 1990). Good cause requires at least as much as would be required to
show excusable neglect. See Johnson v. Berry, 98 F.3d 1338 (5th Cir. 1996). A claimant must
establish “some reasonable basis for noncompliance within the time specified.” Id. (quoting
Winters v. Teledyne Movible Offshore, Inc., 776 F.2d 1304, 1306 (5th Cir. 1985)).

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This action was initiated on November 22, 2013. See Dkt. 1. Since then, Rylander has not
managed to effect service on Deputy Allen. Rylander states that he has been unable to obtain a
valid address for Deputy Allen. See Dkt. 73 at 1. Rylander further asserts that, so long as he is
incarcerated, it will continue to be “impossible” for him to locate Deputy Allen, due to his limited
access to the telephone, internet, and other resources which might aid in locating Allen. See id.
Rylander has not shown good cause why the court should not dismiss claims against Deputy Allen
in light of Rylander’s apparent inability to effect service within a reasonable time period.

In light of the foregoing, it is ORDERED that Plaintiff’s Objections (Dkt. 73) are
OVERRULED.
It is further ORDERED that the Report and Recommendation (Dkt. 67) is ADOPTED.
It is further ORDERED that Defendant Rick Allen is DISMISSED from the lawsuit
without prejudice.

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SIGNED this the 22nd day of March, 2017.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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