Opinion
19-CV-62328-GAYLES/STRAUSS
01-22-2021
LECHARLES RASHAD COAKLEY, Plaintiff, v. CITY OF HOLLYWOOD, Defendant.
This case has been referred to me address all pretrial matters in accordance with 28 U.S.C. § 636 and the Magistrate Judge Rules of the Local Rules for the Southern District of Florida [DE 81].
JARED M. STRAUSS UNITED STATES MAGISTRATE JUDGE
THIS MATTER is before the Court upon the Order to Show Cause [DE 102], entered on January 4, 2021. Plaintiff filed his First Amended Complaint [DE 55] on August 19, 2020, asserting claims against five Defendants: the City of Hollywood, Brayan Kalish (“Kalish”), Steven Kastner (“Kastner”), Christopher Alban (“Alban”), and Michael MacKay (“MacKay”). Upon Plaintiff's Notice of Voluntary Dismissal [DE 62], the Court previously dismissed Kastner, Alban, and MacKay from this case [DE 63]. As to the two remaining Defendants, the City of Hollywood was previously served with process; however, the record does not reflect that Kalish has ever been served. In fact, no summons was ever issued to Kalish because Plaintiff failed to comply with related notices issued by the Clerk [DE 57, 58].
Pursuant to Fed.R.Civ.P. 4(m):
If a defendant is not served within 90 days after the complaint is filed, the court- on motion or on its own after notice to the plaintiff-must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period.
Accordingly, I entered the Order to Show Cause [DE 102], ordering Plaintiff to file, on or before January 19, 2021, a written response to show cause why this case should not be dismissed without prejudice as to Defendant Kalish. However, Plaintiff has failed to file any response or to take any action in response to the Order to Show Cause. Therefore, in accordance with Rule 4(m), I respectfully RECOMMEND that this case be DISMISSED without prejudice as to Defendant Brayan Kalish.
The parties will have fourteen (14) days from the date of being served with a copy of this Report and Recommendation within which to file written objections, if any, with the Honorable Darrin P. Gayles, United States District Judge. Failure to timely file objections shall bar the parties from a de novo determination by the District Judge of an issue covered in the Report and shall bar the parties from attacking on appeal unobjected-to factual and legal conclusions contained in this Report except upon grounds of plain error if necessary in the interest of justice. See 28 U.S.C. § 636(b)(1); Thomas v. Arn, 474 U.S. 140, 149 (1985); Henley v. Johnson, 885 F.2d 790, 794 (11th Cir. 1989); 11th Cir. R. 3-1.
The Clerk shall mail a copy of this Report and Recommendation to Plaintiff, LeCharles Rashad Coakley, at 2020 Scott Street, Hollywood, FL 33020.