Opinion
6:23-cv-1035-GAP-RMN
04-26-2024
ORDER
GREGORY A PRESNEL UNITED STATES DISTRICT JUDGE
This cause comes before the Court on its Order to Show Cause filed January 10, 2024, as to why Defendant Essential Mart should not be dismissed for failure to effect proper service. See Doc. 28. Plaintiffs responded to the Order on January 20, 2024, but their response was inconsistent with the proof of service they attached. See Doc. 29.
On April 11, 2024, the United States Magistrate Judge issued a report recommending that Defendant Essential Mart be dismissed. Doc. 30. No objections have been filed. Therefore, it is
ORDERED as follows:
1. The Report and Recommendation is CONFIRMED and ADOPTED as part of this Order.
2. Defendant Essential Mart is hereby dismissed from this case without prejudice for failure to prosecute and failure to timely serve. The clerk is directed to terminate Essential Mart as a defendant and any pending motion relating to Essential Mart is denied as moot.