Evans v. Department of Correction

Full title: CHRISTOPHER EVANS, Plaintiff, v. DEPARTMENT OF CORRECTION, JOHN DOES 1-8…

Court: United States District Court, S.D. New York

Date published: Jan 4, 2010

09 Civ. 3917 (SHS) (S.D.N.Y. Jan. 4, 2010)

Opinion

09 Civ. 3917 (SHS).

January 4, 2010

ORDER

SIDNEY STEIN, District Judge

The complaint in this action was filed on April 30, 2009. On October 20, 2009, Magistrate Judge James C. Francis IV extended plaintiff's time to effect service on the defendants until November 30, 2009.

On December 10, 2009, Magistrate Judge James C. Francis IV issued a Report and Recommendation recommending that the complaint in this action be dismissed without prejudice pursuant to Fed.R.Civ.P. 4(m) for failure to serve the summons by November 30, 2009. To date, the Court records indicate that the complaint still has not been served and no response to the Report and Recommendation has been filed with the Court. Accordingly,

IT IS HEREBY ORDERED that Magistrate Judge Francis' Report and Recommendation is adopted and the complaint in this action is dismissed pursuant to Fed.R.Civ.P. 4(m).

SO ORDERED: