Opinion
Case No. 2:07-CV-244 JVB.
June 12, 2008
ORDER
On July 26, 2007, the plaintiff filed a complaint and named the State of Indiana as the defendant. When the plaintiff did not serve the State with a summons, an Order was issued on March 3, 2008, requiring the plaintiff to show cause why the complaint should not be dismissed pursuant to Federal Rule of Civil Procedure 4(m). The plaintiff failed to file an appropriate response.
Consequently, on May 8, 2008, Magistrate Judge Andrew P. Rodovich issued a Report and Recommendation suggesting that the case be dismissed without prejudice. Judge Rodovich advised the Plaintiff that, pursuant to 28 U.S.C. § 636(b)(1) she had ten days to object to the Report and Recommendation and that, if she did not object, she would be waiving her rights to challenge it later. To date, the Plaintiff has not objected.
Accordingly, the Court accepts Judge Rodovich's Report and Recommendation and dismisses this case without prejudice.
SO ORDERED