United States District Court, M.D. Louisiana
WILDER-DOOMES UNITED STATES MAGISTRATE JUDGE.
take notice that the attached Magistrate Judge's Report
has been filed with the Clerk of the U.S. District Court.
accordance with 28 U.S.C. § 636(b)(1), you have 14 days
after being served with the attached report to file written
objections to the proposed findings of fact, conclusions of
law, and recommendations set forth therein. Failure to file
written objections to the proposed findings, conclusions and
recommendations within 14 days after being served will bar
you, except upon grounds of plain error, from attacking on
appeal the unobjected-to proposed factual findings and legal
conclusions accepted by the District Court.
NO EXTENSION OF TIME SHALL BE GRANTED TO FILE WRITTEN
OBJECTIONS TO THE MAGISTRATE JUDGE'S REPORT.
JUDGE'S REPORT AND RECOMMENDATION
filed a Petition for Damages on August 22,
2016. The case was removed to this court on June
28, 2017. A review of the docket shows no service
information as to defendant, Larry Meeks
(“Meeks”),  no responsive pleading has been filed
on behalf Meeks, nor has Plaintiff sought to obtain an entry
of default as to Meeks. The court entered a Notice and Order
August 22, 2017 continuing the scheduling conference in this
matter due to lack of service information and appearance
regarding Meeks. The court then entered a Notice to Counsel
September 26, 2017 continuing, again, the scheduling
conference in this matter due to lack of service information
and appearance regarding Meeks. After Plaintiff still failed to
take action, the court issued an Order to Show Cause why
Plaintiff's claims against Meeks should not be dismissed
pursuant to Local Civil Rule 41(b)(1)(A). The Order to Show
Cause set a hearing for November 14, 2017. Alternatively, the
Order to Show Cause permitted the plaintiff to file a
response by November 7, 2017.
October 31, 2017 the plaintiff submitted summons to the court
and the court issued summons to counsel on behalf of Meeks.
Plaintiff responded to the Order to Show Cause detailing
attempts to serve Meeks. Counsel for Plaintiff also appeared at
the show cause hearing November 14, 2017. During the hearing,
the court granted Plaintiff's oral motion to extend the
time period for service for Meeks and required that service
information be filed into the record within thirty (30)
days. The Hearing Report and Order further
provides as follows, “Failure to comply with
this Order may result in a recommendation of dismissal of
Plaintiff's claims against defendant, Larry Meeks,
without further notice.” Plaintiff failed
to comply with this Order and, to date, no information has
been filed into the record showing that Larry Meeks has been
served with process in this matter.
Civil Rule 41(b)(1)(A) provides for dismissal for lack of
prosecution where no service of process has been made within
120 days after filing of the complaint. As set forth above,
there is no information in the record of this matter to
indicate that Meeks was served and more than 120 days have
passed since the case was removed to this court on June 28,
2017 (the Petition for Damages was actually filed in state
court on August 22, 2016).
the undersigned RECOMMENDS dismissal of
Plaintiff's claims against defendant Larry Meeks without
prejudice pursuant to Local Civil Rule 41(b)(A). Further the
undersigned RECOMMENDS that if this Report
and Recommendation is adopted and an Order of Dismissal is
entered, such order allow for reinstatement of the action
against defendant Larry Meeks within thirty days for good
 R. Doc. 1-2, p. 4.
 R. Doc. 1.
 The Petition for Damages requested
that service be held with regard to Meeks. R. Doc. 1-2, ...