Barber v. Tim Horton Corp.

Full title: LARRY BARBER, Plaintiff, v. TIM HORTON CORP., et al. Defendants.

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Oct 31, 2022

Civil Action 22-cv-10665 (E.D. Mich. Oct. 31, 2022)

Opinion

Civil Action 22-cv-10665

10-31-2022

LARRY BARBER, Plaintiff, v. TIM HORTON CORP., et al. Defendants.

BERNARD A. FRIEDMAN, SENIOR UNITED STATES DISTRICT JUDGE

JONATHAN J.C. GREY, MAG.

OPINION AND ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DISMISSING THE CASE FOR FAILURE TO EFFECTUATE SERVICE

BERNARD A. FRIEDMAN, SENIOR UNITED STATES DISTRICT JUDGE

Before the Court is Magistrate Judge Jonathan J.C. Grey's September 26, 2022 report and recommendation. (ECF No. 13). The report recommends that the Court dismiss the complaint sua sponte because plaintiff Larry Barber failed to effectuate service of process and prosecute this case. (Id., PageID.45). Barber did not object to the report and recommendation pursuant to Fed.R.Civ.P. 72(b)(2).

This Court had an opportunity to fully review the matter and believes the magistrate judge reached the correct conclusions for the proper reasons. Accordingly,

IT IS ORDERED that Magistrate Judge Jonathan J.C. Grey's September 26, 2022 report and recommendation (ECF No. 13) is hereby accepted and adopted.

IT IS FURTHER ORDERED that the complaint is dismissed without prejudice for failure to effectuate service and to prosecute this matter. Fed.R.Civ.P. 4(m), 41(b), and E.D. Mich. LR 41.2.