Myles v. State Farms Ins Co

Filing 11

ORDER: Plaintiff is hereby GRANTED 60 days from the date of this order to serve Defendants. The Court also hereby VACATES its 8/2/2017, Findings, Conclusions, and Recommendation. Plaintiff also filed a motion to proceed on affidavits. Defendants have not yet been served with the complaint. Plaintiff's 9 motion is therefore DENIED without prejudice as premature. (Ordered by Magistrate Judge Paul D Stickney on 8/24/2017) (ykp)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION MICHAEL L. MYLES, Plaintiff, ) ) ) v. ) ) STATE FARM INS. and JERRY LARROQUETTE, ) Defendants. ) No. 3:16-CV-3544-G ORDER On August 2, 2017, the Court entered Findings, Conclusions, and a Recommendation (“FCR”) that this case be dismissed because Plaintiff failed to timely serve the Defendants. (ECF No. 8.) On August 15, 2017, Plaintiff filed objects to the FCR and a motion for extension of time to serve Defendants. (ECF No. 10.) Plaintiff is hereby GRANTED 60 days from the date of this order to serve Defendants. The Court also hereby VACATES its August 2, 2017, Findings, Conclusions, and Recommendation. Plaintiff also filed a motion to proceed on affidavits. (ECF No. 9.) Defendants have not yet been served with the complaint. Plaintiff’s motion is therefore DENIED without prejudice as premature. The Office of the Clerk is directed to send Plaintiff a copy of his original complaint. IT IS SO ORDERED. Signed this 24th day of August, 2017. _____________________________________ PAUL D. STICKNEY UNITED STATES MAGISTRATE JUDGE

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