Opinion
CV-22-00396-TUC-BGM
03-28-2023
Sara Kelly, Plaintiff, v. Galean LLC, d/b/a Super Inn Motel Defendant.
REPORT AND RECOMMENDATION
Honorable Bruce G. Macdonald United States Magistrate Judge
Pending before the Court is Plaintiff Sara Kelly's Complaint and Demand for Jury Trial (Doc. 1). The Clerk of the Court filed an Order to Show Cause on November 4, 2022 (Doc. 8) regarding consent to magistrate judge under 28 U.S.C. § 636(c), or written election to have the action reassigned to a district judge. As of January 4, 2023, Plaintiff had not filed proof of service in this matter and Defendant had not appeared. The Court filed an Order to Show Cause on January 4, 2023 (Doc. 11) and ordered Plaintiff to file a writing with the Court, on or before January 31, 2023, as to why this case should not be dismissed without prejudice.
On January 31, 2023, Plaintiff's counsel filed Plaintiff's Response to the Court's Order to Show Cause (Doc. 12). Finding good cause, the Court granted Plaintiff's request for an extension of time to effectuate service of process on Defendant and granted Plaintiff 30 days from the date of the January 31, 2023 Order (Doc. 13) to effectuate service.
Pursuant to General Order 21-25, Magistrate Judge Macdonald prepares this Report and Recommendation for Chief United States District Judge designee, Senior United States District Court Judge Raner C. Collins.
As of the date of this Report and Recommendation, no evidence of service of process appears in the record.
Conclusion
The Court finds dismissal of this case without prejudice is appropriate in this matter as Plaintiff has failed to effectuate service of process on the Defendant, or provide proof thereof in the record, within the extension of time granted by this Court, which elapsed on Thursday, March 2, 2023.
Recommendation
Magistrate Judge Macdonald recommends the District Judge dismiss this case without prejudice.
Pursuant to 28 U.S.C. § 636(b) and Rule 72(b)(2) of the Federal Rules of Civil Procedure, any party may serve and file written objections within fourteen (14) days after being served with a copy of this Reports and Recommendation. A party may respond to another party's objections within fourteen (14) days after being served with a copy. Fed.R.Civ.P. 72(b)(2). No replies shall be filed unless lease is granted form the District Court. If objections are filed. the parties should use the following case number:
CV-22-00396-TUC-RCC
Failure to file timely objections to any factual or legal determination for the Magistrate Judge may result in waiver of the right of review. The Clerk of the Court shall send a copy of this Report and Recommendation to all parties.