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Berry v. Crow

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA
Feb 26, 2021
Case No. CIV-20-631-D (W.D. Okla. Feb. 26, 2021)

Opinion

Case No. CIV-20-631-D

02-26-2021

J.C. BERRY, Plaintiff, v. SCOTT CROW, et al., Defendants.


ORDER

This matter is before the Court for review of the Report and Recommendation [Doc. No. 21] issued January 29, 2021, by United States Magistrate Judge Amanda Maxfield Green pursuant to 28 U.S.C. § 636(b)(1)(B) and (C). Judge Green recommends the dismissal of this action without prejudice under Fed. R. Civ. P. 4(m) due to Plaintiff's failure to effect service of process on Defendants.

The case file shows no timely objection to the Report nor request for an extension of time, even though Plaintiff was expressly informed of his right to object, the procedure for doing so, and the consequences of failing to object. Therefore, the Court finds that Plaintiff has waived further review of all issues addressed in the Report. See Moore v. United States, 950 F.2d 656, 659 (10th Cir. 1991); see also United States v. 2121 E. 30th St., 73 F.3d 1057, 1060 (10th Cir. 1996). Further, for the reasons fully explained by Judge Green, the Court finds that this action should be dismissed without prejudice to refiling.

IT IS THEREFORE ORDERED that the Report and Recommendation [Doc. No. 21] is ADOPTED in its entirety. This action is DISMISSED without prejudice to a future filing. A separate judgment of dismissal shall be entered.

IT IS SO ORDERED this 26th day of February, 2021.

/s/_________

TIMOTHY D. DeGIUSTI

Chief United States District Judge


Summaries of

Berry v. Crow

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA
Feb 26, 2021
Case No. CIV-20-631-D (W.D. Okla. Feb. 26, 2021)
Case details for

Berry v. Crow

Case Details

Full title:J.C. BERRY, Plaintiff, v. SCOTT CROW, et al., Defendants.

Court:UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

Date published: Feb 26, 2021

Citations

Case No. CIV-20-631-D (W.D. Okla. Feb. 26, 2021)