Vuolo v. Garfield County Sheriffs

Full title: GERARD M. VUOLO, Plaintiff, v. GARFIELD COUNTY SHERIFFS, SHERIFF LOU…

Court: United States District Court, D. Colorado

Date published: Jan 20, 2010

Civil Action No. 09-cv-01476-ZLW-KMT (D. Colo. Jan. 20, 2010)

Opinion

Civil Action No. 09-cv-01476-ZLW-KMT.

January 20, 2010

ORDER

ZITA WEINSHIENK, Senior District Judge

The matter before the Court is the Second Order To Show Cause (Doc. No. 51; Nov. 4, 2009). This Order, issued by Magistrate Judge Kathleen M. Tafoya, directed the Plaintiff to show cause why Defendant Owners (Unknown) of Business "Smokers Freindly" [sic] should not be dismissed without prejudice pursuant to Fed.R.Civ.P. 4(m) for lack of service and Local Rule 41.1 for failure to prosecute. After receiving Plaintiff's response to the show cause order, The Magistrate Judge issued a Recommendation (Doc. No. 57; Dec. 1, 2009) that the claims against Defendant Smoker Friendly should be dismissed. Plaintiff did not file an objection to the Recommendation.

The Court, after careful consideration, agrees with the Magistrate Judge's analysis and conclusion that Defendant Smoker Friendly should be dismissed without prejudice pursuant to Fed.R.Civ.P. 4(m) for lack of service. The Court accepts and adopts the Recommendation in its entirety. Accordingly, it is

ORDERED that the claims against Defendant Smoker Friendly be dismissed without prejudice pursuant to Fed.R.Civ.P. 4(m) for lack of service.