Opinion
CIVIL ACTION NO. 1:16-CV-353
11-04-2017
ROBERT CAMPBELL v. VIRGIL WEAVER, et al.
MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Plaintiff, Robert Campbell, an inmate formerly confined at the Mark Stiles Unit with the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 against defendant Gene Kroll.
The court referred this matter to the Honorable Keith Giblin United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The Magistrate Judge recommends plaintiff's claims against defendant Gene Kroll be dismissed pursuant to Federal Rule of Civil Procedure 4(m) for failure to serve within 120 days.
The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such order, along with the record, and pleading. Plaintiff filed objections to the Report and Recommendation of United States Magistrate Judge. This requires a de novo review of the objections in relation to the pleadings and applicable law. See FED. R. CIV. P. 72(b).
After careful consideration, the court finds plaintiff's objections lacking in merit. Service of process is the ultimate responsibility of the plaintiff. Plaintiff has had since June 7, 2017 to find locating information for defendant Gene Kroll but has failed to provide the court with any information to attempt service on this defendant.
ORDER
Accordingly, plaintiff's objections are OVERRULED. The findings of fact and conclusions of law of the Magistrate Judge are correct, and the report of the Magistrate Judge is ADOPTED. A partial judgment will be entered in accordance with the recommendations of the Magistrate Judge.
So Ordered and Signed
Nov 4, 2017
/s/_________
Ron Clark, United States District Judge