Opinion
01 Civ. 10982 (SHS)(FM)
June 26, 2002
REPORT AND RECOMMENDATION
I. Recommendation to Dismiss
On December 5, 2001, Christopher V. Lawrence commenced this pro se action by filing a complaint in which he alleges that he was attacked while staying at a homeless shelter. (Compl. ¶ 4). Lawrence contends that the attack was sanctioned by the New York City Department of Homeless Services. (Id.).
Pursuant to Fed R. Civ. P. 4(m), service of the summons and complaint on the Defendants had to be completed by April 5, 2002. After Lawrence failed to meet the deadline, I issued an order on April 25, 2002 directing him to serve the summons and complaint on the Defendants by May 31, 2002, or show cause for his failure to do so. To date, however, Lawrence has failed to effect service. Additionally, he has not provided this Court with an affidavit demonstrating good cause for that failure. I therefore recommend, pursuant to Rule 4(m), that this action be dismissed without prejudice.
II. Notice of Procedure for Filing of Objections to this Report and Recommendation
Mr. Lawrence is hereby directed that if he has objections to this Report and Recommendation, he must, within ten days from today, make them in writing, file them with the Clerk of the Court, and send copies to the chambers of the Honorable Sidney H. Stein and to the chambers of the undersigned, at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, N.Y. 10007, and to any opposing parties. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 6(a), 6(e), 72(b). Any requests for an extension of time for filing objections must be directed to Judge Stein. The failure to file timely objections will result in a waiver of those objections for purposes of appeal. See Thomas v. Arn, 474 U.S. 140, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985); Frank v. Johnson, 968 F.2d 298, 300 (2d Cir. 1992); 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 6(a), 6(e), 72(b).