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15-1520 - Muse v. Pepper et al


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15-1520 - Muse v. Pepper et al
October 31, 2016
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REPORT AND RECOMMENDATION: The Court respectfully RECOMMENDS this action be DISMISSED WITHOUT PREJUDICE in accordance with Rules 4(m) and 41(b) of the Federal Rules of Civil Procedure. Signed by Magistrate Judge Barbara D. Holmes on 10/31/2016. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
April 6, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS: Pending before the Court is a Report and Recommendation of the Magistrate Judge, to which no timely objections have been filed. (Doc. No. 20.) The Court has reviewed the Report and Recommendation and conducted a de novo review of the record. The Report and Recommendation is ADOPTED. Accordingly, this action is DISMISSED WITHOUT PREJUDICE under Federal Rule of Civil Procedure 4(m) for Muse's failure to effect service of process and Rule 41(b) for his failure to prosecute and comply with the Courts Orders. The Clerk shall enter judgment in accordance with Federal Rule of Civil Procedure 58. The Court CERTIFIES that any appeal from this Order would not be taken in good faith. 28 U.S.C. ยง 1915(a)(3). IT IS SO ORDERED. Signed by District Judge Waverly D. Crenshaw, Jr on 4/6/2017. (xc:Pro se party by regular and certified mail.)(eh)