Opinion
3:22-cv-659-TJC-MCR
04-17-2023
CLINTON GREEN, SR., Plaintiff, v. ACTING I.R.S. COMMISSIONER, Charles Rettig or His replacement in office, Defendant.
ORDER
TIMOTHY J. CORRIGAN, UNITED STATES DISTRICT JUDGE
This case is before the Court on review of pro se Plaintiff Clinton Green, Sr.'s Complaint, (Doc 1), and the assigned United States Magistrate Judge's Report and Recommendation, (Doc. 18), filed on March 23, 2023. The Report and Recommendation recommends that this case be dismissed without prejudice for failure to perfect service of process. (Doc. 18). Defendant United States of America, on behalf of the Acting IRS Commissioner, has also filed a motion to dismiss, arguing, in part, that it has not been served. (Doc. 19 at 1213). No party has filed an objection to the Report and Recommendation, and the time in which to do so has passed. See 28 U.S.C. § 636(b)(1); FED. R. CIV. P. 72(b). Upon de novo review of the file and for the reasons stated in the Report and Recommendation (Doc. 18), it is hereby
ORDERED:
1. The Report and Recommendation of the Magistrate Judge (Doc. 18) is ADOPTED as the opinion of the Court.
2. This case is DISMISSED without prejudice for failure to perfect service of process.
3. Defendant's Motion to Dismiss (Doc. 19) is DENIED as moot.
4. The Clerk is directed to terminate any pending motions and deadlines and close the file.
DONE AND ORDERED in Jacksonville, Florida the 17th day of April, 2023.