Opinion
CIVIL ACTION NO. 4:10-cv-169-DPJ-FKB
01-25-2012
ANTON FOSTER PLAINTIFF v. SGT. B. HAWKINS and NURSE UNKNOWN ROLLIN DEFENDANTS
ORDER
This cause came on this date to be heard upon the Report and Recommendation of the United States Magistrate Judge, after referral of hearing by this Court. Magistrate Judge Ball recommended dismissal of Fosters's Complaint for failure to timely serve process pursuant to Fed. R. Civ. P. 4(m). The Court, having fully reviewed the unopposed Report and Recommendation of the United States Magistrate Judge entered in this cause, and being duly advised in the premises, finds that said Report and Recommendation should be adopted as the opinion of this Court.
IT IS, THEREFORE, ORDERED that the Report and Recommendation of United States Magistrate Judge F. Keith Ball be, and the same is hereby, adopted as the finding of this Court, and the same entire action should be dismissed without prejudice.
A separate judgment will be entered herein in accordance with the Order as required by Rule 58 of the Federal Rules of Civil Procedure.
SO ORDERED AND ADJUDGED this the 25th day of January, 2012.
Daniel P. Jordan III
UNITED STATES DISTRICT JUDGE