Evans v. Dept. of Corr. et al
| Christopher Evans |
| Dept. of Corr., John Doe 1, John Doe 2, John Doe 3, John Doe 4, John Doe 5, John Doe 6, John Doe 7 and John Doe 8 |
| 1:2009cv03917 |
| April 20, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| James C. Francis |
| Sidney H. Stein |
| None |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
6
ORDER adopting Report and Recommendations for 5 Report and Recommendations. Magistrate Judge Francis' Report and Recommendation is adopted and the complaint in this action is dismissed pursuant to F.R.C.P. 4(m). (Signed by Judge Sidney H. Stein on 1/4/2010) (tro)
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Filing
5
REPORT AND RECOMMENDATIONS The complaint in this action was filed on April 20, 2009, and service on the defendant was never effected. By letter dated September 17, 2009, I advised the plaintiff to submit within two weeks any reasons why the action sh ould not be dismissed. When he responded, I extended his time to serve until November 30, 2009 but indicated that no further extensions would be permitted. The complaint still has not been served. I therefore recommend that the complaint be dismissed without prejudice pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Pursuant to 28 U.S.C. § 636 (b) (1) and Rules 72, 6 (a), and 6 (d) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days to file writt en objections to this Report and Recommendation. Such objections shall be filed with the Clerk of the Court, with extra copies delivered to the chambers of the Honorable Sidney H. Stein, Room 1010, and to the chambers of the undersigned, Room 1960, 500 Pearl Street, New York, New York 10007. Failure to file timely objections will preclude appellate review. Objections to R&R due by 12/28/2009 (Signed by Magistrate Judge James C. Francis on 12/10/2009) Copies Mailed By Chambers.(jmi)
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