Horton v. 360 Dig. Media

Full title: LUCAS HORTON, Plaintiff, v. 360 DIGITAL MEDIA, LLC, Defendant.

Court: United States District Court, Northern District of Texas

Date published: Sep 21, 2023

Civil Action 3:22-CV-2475-E-BH (N.D. Tex. Sep. 21, 2023)

Opinion

Civil Action 3:22-CV-2475-E-BH

09-21-2023

LUCAS HORTON, Plaintiff, v. 360 DIGITAL MEDIA, LLC, Defendant.

IRMA CARRILLO RAMIREZ, UNITED STATES MAGISTRATE JUDGE .

Referred to U.S. Magistrate Judge ¹

1 By Special Order 3-251, this pro se case has been automatically referred for full case management.

ORDER

IRMA CARRILLO RAMIREZ, UNITED STATES MAGISTRATE JUDGE .

On September 20, 2023, it was recommended that this case be dismissed without prejudice sua sponte for failure to comply with Fed.R.Civ.P. 4(m), and that judgment be entered unless the plaintiff filed a valid proof of service for the defendant he sued within the time for objecting to the recommendation. (See doc. 21.) The plaintiff had filed proof of service for a different but similarly named entity. He has now sought and been granted leave to amend his complaint to correctly name the entity he intended to sue, and to serve that entity. Accordingly, the September 20, 2023 findings, conclusions, and recommendation for dismissal are hereby VACATED.

SO ORDERED.