Opinion
Case No. 1:03 CV 1712.
April 29, 2005
REPORT RECOMMENDATION
District Judge Donald C. Nugent referred this case to the Magistrate Judge for pretrial supervision, including a report and recommendation on case-dispositive matters. By memorandum opinion filed on March 31, 2005, Judge Nugent adopted the Magistrate Judge's recommendation that the case be dismissed with respect to all defendants except for John Doe, M.D. The only claim still outstanding in the case is that against defendant John Doe, M.D.
ECF # 13.
ECF # 124.
By order of February 25, 2005, the Magistrate Judge ordered defendants Gerald McFaul and Kevin McDonough to reveal the identity of John Doe, M.D. to plaintiff Donald George by no later than March 11, 2005. The Magistrate Judge also ordered George to complete service of the summons and amended complaint on defendant Doe by April 11, 2005.
ECF # 101.
By notice filed on March 9, 2005, Defendants McFaul and McDonough advised the Court that the identity of John Doe, M.D. had been disclosed to George. George, therefore, had approximately one month in which to complete service on defendant Doe.
ECF # 104.
As of this date, George has filed no return of service evidencing that Doe had been served as required by order of February 25, 2005. Accordingly, the Magistrate Judge hereby recommends to District Judge Donald C. Nugent that the amended complaint against defendant John Doe, M.D. be dismissed under Federal Rule of Civil Procedure 4(m) for failure to complete service of the summons and amended complaint on that defendant. In the alternative, the Magistrate Judge recommends the dismissal of the amended complaint as to that defendant for want of prosecution.
Link v. Wabash R.R. Co., 370 U.S. 626, 629-30 (1962).