Jameson v. Roy et al

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 12 Report and Recommendations. Signed by Judge Michael H. Schneider on 10/29/13. (bas, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
MICHAEL LEON JAMESON

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VS.

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KEITH ROY, ET AL.

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CIVIL ACTION NO. 5:13cv45

ORDER OF DISMISSAL
Plaintiff Michael Leon Jameson, previously an inmate confined at F.C.I. Texarkana,
proceeding pro se, filed the above-styled and numbered civil rights lawsuit. The complaint was
referred to United States Magistrate Judge Caroline M. Craven, who issued a Report and
Recommendation finding that the lawsuit should be dismissed. The Plaintiff has filed objections.
The Report of the Magistrate Judge, which contains her proposed findings of fact and
recommendations for the disposition of such action, has been presented for consideration, and having
made a de novo review of the objections raised by the Plaintiff to the Report, the Court is of the
opinion that the findings and conclusions of the Magistrate Judge are correct, and the objections
raised by the Plaintiff are without merit. Magistrate Judge Craven appropriately concluded that the
Plaintiff had not complied with his duty to properly and timely serve the Defendants. Moreover,
merely sending a copy of the summons to Jason A. Sickler, Counsel, South Central Regional Office,
did not amount to sufficient service. Magistrate Judge Craven also appropriately concluded that the
lawsuit should be dismissed as time-barred. Therefore the Court hereby adopts the findings and
conclusions of the Magistrate Judge as the findings and conclusions of the Court. It is accordingly
ORDERED that the Report and Recommendation (docket entry #12) is ADOPTED. It is
further

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.

ORDERED that the complaint is dismissed without prejudice for purposes of Fed. R. Civ.
P. 4(m) and with prejudice for purposes of 28 U.S.C. § 1915A(b)(1). It is further
ORDERED that all motions not previously ruled on are DENIED.
It is SO ORDERED.
SIGNED this 29th day of October, 2013.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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