Walker v. Collier

Full title: GREGORY WALKER, #1661270, Plaintiff, v. BRYAN COLLIER, et al., Defendants.

Court: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION

Date published: Jun 25, 2020

Case No. 6:19-CV-3-JDK-JDL (E.D. Tex. Jun. 25, 2020)

Opinion

Case No. 6:19-CV-3-JDK-JDL

06-25-2020

GREGORY WALKER, #1661270, Plaintiff, v. BRYAN COLLIER, et al., Defendants.

JEREMY D. KERNODLE UNITED STATES DISTRICT JUDGE

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

This action was referred to United States Magistrate Judge John D. Love pursuant to 28 U.S.C. § 636. Docket No. 2. In its March 11, 2019 Order, the Court informed Plaintiff that he was obligated to properly serve the Defendants before the expiration of 90 days from the date he filed his complaint. Docket No. 11. Plaintiff filed the return of his purported executed service on August 26, 2019. Docket No. 64. The Report and Recommendation of the Magistrate Judge (Docket No. 122) recommended that the purported service on Defendant Joseph Embra and Jean Sparks be quashed and the claims against them be dismissed without prejudice pursuant to FED. R. CIV. P. 4(m). Plaintiff filed written objections. Docket No. 125.

The Court reviews objected-to portions of the Magistrate Judge's Report and Recommendation de novo. See FED. R. CIV. P. 72 and 28 U.S.C. § 636(b)(1) ("A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings and recommendations to which objection is made."). The Court conducting a de novo review examines the entire record and makes an independent assessment under the law. Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc), superseded on other grounds by statute, 28 U.S.C. § 636(b)(1) (extending the time to file objections from ten to fourteen days).

Having reviewed Plaintiff's objections de novo, the Court concludes that the objections are without merit and that the findings and conclusions of the Magistrate Judge are correct. Accordingly, it is ORDERED that Plaintiff's objections are OVERRULED and that the Magistrate Judge's Report (Docket No. 120) is ADOPTED as the opinion of this Court. It is further

ORDERED that Plaintiff's purported service on Defendants Embra and Sparks is QUASHED and the complaint against Defendants Embra and Sparks is DISMISSED WITHOUT PREJUDICE pursuant to FED. R. CIV. P. 4(m).

So ordered and signed on this

Jun 25, 2020

/s/_________

JEREMY D. KERNODLE

UNITED STATES DISTRICT JUDGE