Thompson v. Eastman Chemical Company et al

Filing 13

MEMORANDUM OPINION AND ORDER adopting and incorporating the 12 Proposed Findings and Recommendations by Magistrate Judge; dismissing this civil action without prejudice and removing it from the court's docket. Signed by Judge John T. Copenhaver, Jr. on 11/9/2015. (cc: plaintiff; counsel of record; United States Magistrate Judge) (tmh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON

JANET L. THOMPSON,
Plaintiff,
v.

CIVIL ACTION NO. 2:14-cv-03433

EASTMAN CHEMICAL CO., FREEDOM
INDUSTRIES, INC., and WEST
VIRGINIA-AMERICAN WATER CO.
Defendants.

MEMORANDUM OPINION AND ORDER
The plaintiff, acting pro se, instituted this action
claiming defendants violated various federal statutes on January
22, 2014.

By standing order this action was referred to the

Honorable R. Clarke VanDervort, United States Magistrate Judge.
On March 19, 2014, the magistrate judge granted the plaintiff’s
application to proceed without prepayment of fees and directed
the plaintiff to serve the summonses and complaint upon
defendants.

On September 21, 2015, Judge VanDervort ordered the
plaintiff to show good cause that had prevented her from
effecting service within the required 120-day period.

On

October 13, 2015, the plaintiff filed an answer to the order to

show cause.

The magistrate judge filed Proposed Findings and

Recommendation (“PF&R”) dated October 15, 2015, finding that the
plaintiff had failed to present good cause or other
circumstances justifying the extension of the 120-day period for
effecting service and recommending that the court dismiss this
action without prejudice as required by Fed. R. Civ. P. 4(m).
The court received no objections to the magistrate judge’s PF&R.

Based on a review of the record, and hearing no
objections, the court adopts and incorporates herein the
magistrate judge’s proposed findings and recommendation.

For

the reasons stated, it is ORDERED as follows:
1.

That the PF&R be, and it hereby is, adopted and
incorporated herein;

2.

That this civil action be, and it hereby is, dismissed
without prejudice and removed from the court’s docket.
The Clerk is directed to forward copies of this

written opinion and order to the plaintiff, all counsel of
record and the United States Magistrate Judge.
DATED:

November 9, 2015

Judge John T. Copenhaver, Jr.
United States District Judge