Staton v. John Doe 1 et al

Filing 18

ORDER ADOPTING 17 REPORT AND RECOMMENDATION in its entirety & denying 9 Motion for Extension of Time to File Return of Service and Extend Time to Serve Defendants Not Yet Served With Process. Plaintiff's claims against defendants John Does 2-10 and Jane Doe are hereby DISMISSED WITHOUT PREJUDICE. Signed by Judge Norman K. Moon on September 12, 2016. (ca)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
LYNCHBURG DIVISION

GREGORY DELMUS STATON,

CIVIL ACTION NO. 6:15-cv-00034
Plaintiff,

v.

ORDER

JOHN DOE, ET AL.,

JUDGE NORMAN K. MOON
Defendants.

This matter is before the Court upon Plaintiff’s motion for an extension of time to serve
defendants not yet served (Dkt. 9), and the Report & Recommendation of United States
Magistrate Judge Robert S. Ballou (Dk. 17, hereinafter “Report”). Pursuant to 28 U.S.C. §
636(b)(1)(B), I referred this matter to Judge Ballou for proposed findings of fact and a
recommended disposition. On August 19, 2016, Judge Ballou filed a Report recommending that
Plaintiff’s motion for an extension of time be denied and that Plaintiffs claims against defendants
not yet served (John Does 2-10 and Jane Doe) be dismissed without prejudice for failure to serve
process within the time provided by Federal Rule of Civil Procedure 4(m). After a review of the
record in this case, and no objections having been filed to the Report within fourteen days of its
service upon the parties, I adopt the Report in its entirety.
Accordingly:
1.

The Report of August 19, 2016, is hereby ADOPTED in its entirety;

2.

Plaintiff’s Motion for an extension of time to serve defendants (Dkt. 9) is hereby
DENIED;

3.

Plaintiffs claims against defendants John Does 2-10 and Jane Doe are hereby
DISMISSED WITHOUT PREJUDICE.

The Clerk of the Court is hereby directed to send a certified copy of this Order to all
counsel of record and to United States Magistrate Judge Robert S. Ballou.
It is so ORDERED.
Entered this 12th day of September, 2016.