Opinion
Case No. 2:05 CV 426 TC.
August 17, 2005
ORDER
All pretrial matters in the above case were referred to Magistrate Judge Brooke C. Wells pursuant to 28 U.S.C. § 636(b)(1)(B). Before the court are Defendants' Motion to Quash Attempted Service of Process (Dkt. #4), and Plaintiff's Motion for Rule 55 Default Judgment (Dkt. #6).
Judge Wells issued her Report and Recommendation on July 15, 2005, finding as follows: Defendants properly challenged the sufficiency of service of process; Plaintiff failed to meet his burden of establishing service of process; Plaintiff failed to file any opposition to Defendants' Motion to Quash Attempted Service of Process in the required time frame. Accordingly, Judge Wells DENIED Plaintiff's Motion for Rule 55 Default Judgment and recommended that Defendants' Motion To Quash Attempted Service of Process be GRANTED and the case DISMISSED.
The parties were given ten days from the date of the issuance of the RR to file objections; neither party has filed objections.
The court has conducted a de novo review of Judge Wells' recommendation and agrees therewith. Accordingly, the Report and Recommendation is adopted as the order of this court. Plaintiff's Motion for Rule 55 Default Judgment is DENIED. Defendants' Motion to Quash Attempted Service of Process is GRANTED and this case is DISMISSED.