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Wright v. Transportation Infrastructure Oversight Committee

United States District Court, Fifth Circuit

December 18, 2013

GLEN RODNEY WRIGHT, Plaintiff,
v.
TRANSPORTATION INFRASTRUCTURE OVERSIGHT COMMITTEE, et al., Defendants.

ORDER

SAM A. LINDSAY, District Judge.

Before the court is Glen Rodney Wright's ("Plaintiff") action against Transportation Infrastructure Oversight Committee, et al. ("Defendants"), filed June 10, 2013. This pro se case was automatically referred to Magistrate Judge Irma C. Ramirez for pretrial management pursuant to the standing order of reference, filed June 12, 2013. The magistrate judge entered Findings, Conclusions, and Recommendation of the United States Magistrate Judge ("Report"), on November 15, 2013, recommending that the court dismiss this action for failure to comply with Federal Rule of Civil Procedure 4(m). No objections to this report were filed.

On June 10, 2013, Plaintiff filed this case against Defendants and paid the filing fee. On June 13, 2013, pursuant to Rule 4, the magistrate judge ordered Plaintiff to serve Defendants within 120 days after the filing of the complaint and to file proof of service with the court unless service is waived. Plaintiff failed to file a valid return of service on Defendants within 120 days of the filing of the complaint, and no defendant has appeared. On October 28, 2013, the magistrate judge ordered Plaintiff to show cause for his failure to comply with the service requirements of Rule 4 by November 12, 2012. The magistrate judge stated that if Plaintiff failed to comply with the terms by filing a valid return of service or showing good cause in writing, dismissal of the case would be recommended without further notice. Plaintiff has still not filed a valid return of service or shown good cause in writing for his failure to do so.

Having reviewed the pleadings, file, and record in this case, and the findings and conclusions of the magistrate judge, the court accepts the magistrate judge's findings and conclusions. Accordingly, the court dismisses without ...


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