Opinion
Civil Action 4:21-cv-04221
08-09-2023
JADA MONAE RHODES, Plaintiff. v. STERLING MCCALL NISSAN, et al., Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION
GEORGE C. HANKS, JR. UNITED STATES DISTRICT JUDGE
On July 5, 2022, all pretrial matters in this case were referred to United States Magistrate Judge Andrew M. Edison under 28 U.S.C. § 636(b)(1). Dkt. 24. Judge Edison filed a Memorandum and Recommendation on July 24, 2023, recommending that a Motion for Summary Judgment by defendants are McCall-N, Ltd. d/b/a Sterling McCall Nissan (“Sterling McCall”) and its employees Adel Altaire, Efrain Portillo, and Gregory Belton (collectively, the “Sterling McCall Defendants”) (Dkt. 41) be GRANTED. Dkt. 44. Judge Edison also sua sponte recommended that Plaintiff's claims against the remaining, unserved defendant-Chartway Financial Services, LLC, d/b/a Chartway Federal Credit Union (“Chartway”)-be dismissed pursuant to Federal Rule of Civil Procedure 4(m). Id.
No objections have been filed to the Memorandum and Recommendation. Accordingly, the Court reviews the Memorandum and Recommendation for plain error on the face of the record. 28 U.S.C. § 636(b)(1); see also FED. R. CIV. P. 72(b)(3).
Based on the pleadings, the record, and the applicable law, the Court finds that there is no plain error apparent from the face of the record. Accordingly, it is hereby ORDERED and ADJUDGED that:
(1) Judge Edison's Memorandum and Recommendation (Dkt. 44) is APPROVED AND ADOPTED in its entirety as the holding of the Court; and
(2) the Sterling McCall Defendants' Motion for Summary Judgment (Dkt. 41) is GRANTED;
(3) Plaintiff's claims against Chartway are dismissed without prejudice for failure to effectuate service pursuant to Rule 4(m).
It is so ORDERED.