Opinion
Civ. ACT. 1:21-cv-371-TFM-MU
03-24-2022
DANA SAMPLE, Plaintiff, v. DOLLAR GENERAL, Defendant.
MEMORANDUM OPINION AND ORDER
TERRY F. MOORER, UNITED STATES DISTRICT JUDGE.
On February 7, 2022, the Magistrate Judge entered a report and recommendation which recommends the Defendant's motion to dismiss (Doc. 10) be denied and Plaintiff be given an extension of time to perfect service. See Doc. 16. No objections were filed by either party.
Accordingly, after due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Recommendation of the Magistrate Judge is ADOPTED as the opinion of this Court. It is ORDERED that Defendant's Motion to Dismiss (Doc. 10) is DENIED.
Fed. R. Civ P. 4(m) states “[i]f a defendant is not served within 90 days after the complaint is filed, the court - on motion or on its own after notice to the plaintiff - must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But, if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period.”
For good cause, Plaintiff is granted an extension under April 30, 2022 to perfect service on Defendant. Plaintiff should carefully review the law on service cited within the Report and Recommendation as well as the deficiencies previously noted so that she is able to correct them by the deadline. See Doc. 16 at 4-8. To the extent that she is unable to comply by the deadline, she must raise the issue with the court by motion before the deadline expires.
The Clerk of Court is DIRECTED to attach a copy of the previous Report and Recommendation (Doc. 16) to this order so Plaintiff may again review the legal citations discussed above.
DONE and ORDERED.