Opinion
2:18-cv-11642 (KM)(CLW)
02-02-2021
BENNIE N. HUNT, JR., Plaintiff, v. U.S. POST OFFICE, Defendant.
REPORT AND RECOMMENDATION
CATHY L. WALDOR, UNITED STATES MAGISTRATE JUDGE
WHEREAS Plaintiff Bennie N. Hunt, Jr. (“Plaintiff”) initiated this action on or about July 13, 2018 [D.E. 1]; and
WHEREAS despite being advised of the instructions for proper service, Plaintiff has failed to effectuate service upon the Attorney General of the United States as required by Fed.R.Civ.P. 4(i)(1)-(2) [D.E. 22, 23]; and
WHEREAS on a telephone conference held on December 21, 2020, Plaintiff advised the Court that he no longer wished to pursue this action [D.E. 26]; and
WHEREAS on December 22, 2020, the Court issued an Order permitting Plaintiff thirty (30) days to effectuate service or risk dismissal of this action, which Order was mailed to the Plaintiff by the Office of the Clerk [D.E. 25]; and
WHEREAS the Court held a Show Cause Hearing via Zoom on February 1, 2020, for which Plaintiff failed to appear [D.E. 24, 26]; and
WHEREAS Plaintiff has not advised the Court of his intention to pursue this matter;
IT IS RESPECTFULLY RECOMMENDED on this 2nd day of February, 2021:
that the above case be dismissed in accordance with L. Civ. R. 41.1 without prejudice and without cost to any party; and
IT IS FURTHER RESPECTFULLY RECOMMENDED that the Clerk of Court close this case accordingly.
The parties have fourteen (14) days to file and serve objections to th is Report and Recommendation pursuant to 28 U.S.C 636 and L. Civ. R. 71.1(c)(2).