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Francis v. Miller

United States District Court, M.D. Louisiana

April 3, 2015

LIONEL FRANCIS
v.
STEPHEN MILLER, ET AL

RULING AND ORDER

BRIAN A. JACKSON, Chief District Judge.

On March 13, 2015, the United States Magistrate Judge issued a Report and Recommendation, pursuant to 28 U.S.C. § 636(b)(1), recommending that Defendant Burl Cain's Motion to Dismiss (Doc. 10) be granted, dismissing Plaintiff Lionel Francis's ("Plaintiff") claims against him. (Doc. 15). It was further recommended that Plaintiff's claims against Defendant Stephen Miller be dismissed pursuant to Federal Rule of Civil Procedure 4(m) for failure to timely effect service.[1]

The Magistrate Judge's Report and Recommendation specifically notified Plaintiff that, pursuant to 28 U.S.C. § 636(b)(1), he had fourteen (14) days from the date he received the Report and Recommendation to file written objections to the proposed findings of fact, conclusions of law, and recommendations therein. (Doc. 15 at p. 1). A review of the record indicates that Plaintiff has not filed any objections to date.

Having carefully considered the Plaintiff's complaint and related filings, the Court approves the Magistrate Judge's Report and Recommendation, and hereby adopts its findings of fact, conclusions of law, and recommendation.

Accordingly,

IT IS ORDERED that the Magistrate Judge's Report (Doc. 15) is ADOPTED as the Court's opinion herein.

IT IS FURTHER ORDERED that Defendant Burl Cain's Motion to Dismiss (Doc. 10) is GRANTED.

IT IS FURTHER ORDERED that Plaintiff SHOW CAUSE, in writing, on or before April 17, 2015, why his claims against Defendant Stephen Miller should not be dismissed for failure to effect timely service.


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