FRANKLIN v. NORTH CENTRAL NARCOTICS TASK FORCE

Civil Action No. 5:15-cv-120-DCB-MTP.

ROBERT FRANKLIN AND SHANNON O'QUINN FRANKLIN, EACH INDIVIDUALLY AND EACH ON BEHALF OF LARRY D. MAYS, A MINOR CHILD Plaintiffs, v. NORTH CENTRAL NARCOTICS TASK FORCE; CLAIBORNE COUNTY, MISSISSIPPI; MARIO GRADY, IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES; CORY WEATHERSPOON, IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES; SCOTT STEWART, IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES; WILLIAM NEVELS, IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES; MICHAEL WELLS, IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES; AND DOE DEFENDANTS 1-10 Defendants,

United States District Court, S.D. Mississippi, Western Division.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Civil Rights Act
Nature of Suit: 440 Civil Rights: Other
Source: PACER


Attorney(s) appearing for the Case

Robert Franklin, Plaintiff, represented by Thomas J. Bellinder , THOMAS J. BELLINDER, PA.

Shannon O'Quinn Franklin, Plaintiff, represented by Thomas J. Bellinder , THOMAS J. BELLINDER, PA.

Claiborne County, Mississippi, Defendant, represented by Jessica I. Morris , ADAMS AND REESE, LLP, Laura Ford Rose , ADAMS AND REESE, LLP & Lindsey O. Watson , ADAMS AND REESE, LLP.

Mario Grady, Defendant, represented by Jessica I. Morris , ADAMS AND REESE, LLP, Thomas E. Whitfield, Jr. , WHITFIELD LAW GROUP, PLLC, Laura Ford Rose , ADAMS AND REESE, LLP & Lindsey O. Watson , ADAMS AND REESE, LLP.

Cory Weatherspoon, Defendant, represented by Jessica I. Morris , ADAMS AND REESE, LLP, Thomas E. Whitfield, Jr. , WHITFIELD LAW GROUP, PLLC, Laura Ford Rose , ADAMS AND REESE, LLP & Lindsey O. Watson , ADAMS AND REESE, LLP.

William Nevels, Defendant, represented by Daniel J. Griffith , JACKS GRIFFITH LUCIANO, PA, Mary McKay Lasker , JACKS GRIFFITH LUCIANO, PA & Michael S. Carr , CARR & CALDERON.

Michael Wells, Defendant, represented by Jessica I. Morris , ADAMS AND REESE, LLP, Laura Ford Rose , ADAMS AND REESE, LLP & Lindsey O. Watson , ADAMS AND REESE, LLP.


ORDER ADOPTING REPORT AND RECOMMENDATION

DAVID BRAMLETTE, District Judge.

This cause is before the Court on Magistrate Judge Michael T. Parker's Report and Recommendation (docket entry 70), to which no objections were filed. Having carefully reviewed the same, the Court finds that the plaintiffs failed to serve defendant Scott Stewart within the 90 days provided by Federal Rule of Civil Procedure 4. Plaintiffs' filed their Complaint on June 1, 2015 in Claiborne County Circuit Court, and the case was removed to this Court on December 11, 2015. Defendant Stewart was not served prior to removal, and Plaintiffs made no attempt to locate or serve Stewart after the case was removed. Furthermore, the Plaintiffs waited more than 200 days after the deadline for service passed before requesting additional time to serve defendant Stewart, and they have failed to establish good cause for the delay.

Although Rule 4(m) provides the Court with discretion to grant an extension of time in certain cases even without good cause shown, the Court is unaware of circumstances justifying such an extension in this case. Moreover, to allow additional time for service at this late stage, after multiple dispositive motions have been presented and ruled upon, would undoubtedly be prejudicial to defendant Stewart. Therefore, the Court adopts the Report and Recommendation and shall dismiss Plaintiffs' claims against Scott Stewart without prejudice.

Accordingly,

IT IS HEREBY ORDERED that Magistrate Judge Michael T. Parker's Report and Recommendation (docket entry 70) is ADOPTED as the findings and conclusions of this Court.

IT IS FURTHER ORDERED that all claims against defendant Scott Stewart are dismissed without prejudice.

SO ORDERED.


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