Opinion
CIVIL ACTION NO. 2:19-cv-00248
04-30-2020
ERIC HAYHURST, Plaintiff, v. ANDREW SAUL, Commissioner of Social Security, Defendant.
MEMORANDUM OPINION AND ORDER
This action was referred to United States Magistrate Judge Dwane L. Tinsley for submission to this court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). On November 22, 2019, Magistrate Judge Tinsley submitted the Proposed Findings of Fact and Recommendation ("PF&R"), [ECF No. 11], recommending the court dismiss this action pursuant to Federal Rule of Civil Procedure 4(m) for failure to timely serve process. To date, no objections to Magistrate Judge Tinsley's PF&R have been filed, and the time period for the filing of objections has passed.
Accordingly, the court ADOPTS and INCORPORATES herein the PF&R. For the reasons stated, the court FINDS that the plaintiff has not filed proof of service with this Court as required by Federal Rule of Civil Procedure 4(l) and DISMISSES this action pursuant to Federal Rule of Civil Procedure 4(m) for failure to timely serve process. [ECF No. 11]. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.
ENTER: April 30, 2020
/s/_________
JOSEPH R. GOODWIN
UNITED STATES DISTRICT JUDGE