Davis v. Peters

Full title: TRAVIS SENTELL DAVIS v. EDMUND PETERS, ET AL.

Court: United States District Court, Middle District of Louisiana

Date published: Jul 7, 2022

Civil Action 17-00795-BAJ-SDJ (M.D. La. Jul. 7, 2022)

Opinion

Civil Action 17-00795-BAJ-SDJ

07-07-2022

TRAVIS SENTELL DAVIS v. EDMUND PETERS, ET AL.

BRIAN AAJACKSON, JUDGE UNITED STATESUMSTRICT COURT MIDDLE DISTRICT OF LOUISIANA.

RULING AND ORDER

BRIAN AAJACKSON, JUDGE UNITED STATESUMSTRICT COURT MIDDLE DISTRICT OF LOUISIANA.

Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 90), recommending that the Court dismiss Plaintiffs claims against Defendant Edward Peters for failure to effect timely service despite multiple opportunities to do so.¹ There are no objections to the Report and Recommendation.

1 The Report and Recommendation emphasizes:

Summons were issued in this case on September 20, 2019. Thereafter, [Plaintiff!^was granted an extension of time to effect service and was instructed to effect service upon all Defendants by January 6, 2020. On January 13, 2020, summons was returned as purportedly executed as to multiple Defendants, including Peters. However, the Court granted a Motion to Quash Service because service was not properly effected against Peters, so the Court provided [Plaintiff] with an additional 45 days to properly effect service. [Plaintiff] never attempted to serve Peters after the Motion to Quash was granted, so the Court ordered [Plaintiff] to show cause as to why his claims against Peters should not be dismissed for failure to timely effect service. [Plaintiff] has failed to timely respond.

(Doc. 90, p. 2-3 (internal citations omitted)).

Having carefully considered the underlying Complaint, the Report and Recommendation at issue, and related filings, the Court APPROVES the Magistrate Judge's Report and Recommendation, and ADOPTS it as the Court's opinion herein.

Accordingly,

IT IS ORDERED that Plaintiffs claims against Defendant Edward Peters are hereby DISMISSED WITH PREJUDICE for Plaintiffs failure to effect timely service upon Peters.

IT IS FURTHER ORDERED that this matter is REFERRED to the Magistrate Judge for further proceedings regarding Plaintiffs remaining claims, which include Plaintiffs claims for monetary relief against Defendants R. Jackson and K. Mills in their individual capacities for the incident of alleged excessive force and failure to intervene occurring on May 11, 2017.