Anozia v. Lynch, et al
Anthony C. Anozia |
Loretta E. Lynch, Jeh Johnson, Leon Rodriguez, Edward A. Newman, Samuel Munoz and James B. Comey |
5:2016cv00151 |
April 5, 2016 |
US District Court for the Eastern District of North Carolina |
Western Division Office |
WAKE |
Louise Wood Flanagan |
Other Statutory Actions |
28 U.S.C. ยง 1331 |
None |
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Filing 33 ORDER adopting 30 Memorandum and Recommendation - Upon careful review of the M&R and the record in this case, the court ADOPTS the M&R as its own and DENIES the motions for default and to dismiss, and GRANTS plaintiff' s motion for extension of time. Accordingly, the court EXTENDS the time for service to 21 days from the date of this order. The court notes that plaintiff filed a document on December 28, 2016, which has been docketed as a petition for writ of mandam us (DE 31). The court CONSTRUES the filing as an attempt to file proof of service of the original complaint under Federal Rule of Civil Procedure 4(l), and the clerk is DIRECTED to re-characterize the filing on the docket as a notice regarding proof of service. The court notes that the notice fails to prove service as required by Federal Rule of Civil Procedure 4(l) and in accordance with the instructions in the M&R and the instant order. In the event plaintiff completes service as directed in the M&R and in this order, within 21 days, plaintiff is DIRECTED to file a corrected proof of service of the complaint and summonses in accordance with Rule 4(l). Signed by District Judge Louise Wood Flanagan on 1/6/2017. (Baker, C.) |
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