Opinion
Civil Action 3:20-CV-00533-DPJ-JCG
08-23-2021
DONOVAN EVANS PLAINTIFF v. CITY OF JACKSON, MISSISSIPPI DEFENDANTS
ORDER
Daniel P. Jordan III CHIEF UNITED STATES DISTRICT JUDGE
This cause is before the Court on the Report and Recommendation [40] of the United States Magistrate Judge John Gargiulo. Magistrate Judge Gargiulo recommended denying the City of Jackson's motion to dismiss the Plaintiff's Complaint for insufficient service of process [28]. As correctly noted by Judge Gargiulo, “[t]he delay in service is attributable to the delay in approving Plaintiff's [in forma pauperis] application.” R&R [40] at 3. The City of Jackson has not filed an objection, and the time to do so has passed.
The Court, having fully reviewed the unopposed Report and Recommendation of the United States Magistrate, finds that the Report and Recommendation should be adopted as the opinion of this Court.
IT IS, THEREFORE, ORDERED that the Report and Recommendation [40] of United States Magistrate Judge John C. Gargiulo be adopted as the finding of the Court. Defendant's motion to dismiss [28] is denied.
Evans has sent a letter [42] informing this Court that he did not receive a mailed copy of a previous motion. The Court's docket reflects that copies of all orders have been mailed to Evans at his present address at the Madison County Detention Center. However, out of an abundance of caution, the Court mailed copies of the R&R [40] and the July 20, 2021 Text-Only Order to him on August 17, 2021.
SO ORDERED AND ADJUDGED