Opinion
Civil Action No. 3:04-CV-2373-M.
August 1, 2005
ORDER ACCEPTING FINDINGS, CONCLUSIONS, RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The Court has under consideration the Findings, Conclusions, Recommendation of the United States Magistrate Judge, filed July 11, 2005, recommending that all claims against Defendant be dismissed without prejudice pursuant to FED. R. CIV. P. 4(m) for Plaintiff's failure to effect service. The Plaintiff filed on July 28, 2005 "an appeal to proceed and demand to proceed in forma pauperis for fault of poverty." The Court notes that Plaintiff's application to proceed in forma pauperis has already been denied, in consideration of financial information submitted by the Plaintiff, and the District Court has made a de novo review of the proposed Findings, Conclusions, Recommendation. To the extent Plaintiff's filing of July 28, 2005 constitutes objections to the Findings, those objections are overruled. The Court accepts the Findings, Conclusions, Recommendation of the United States Magistrate Judge. Accordingly, Plaintiff's claims against Defendant are hereby DISMISSED without prejudice.