Charles A. Jameson v. Chalmers P. Wylie Ambulatory Care Center, et al.

Summary

The United States District Court for the Southern District of Ohio adopted a magistrate judge’s Report and Recommendation and dismissed Charles A. Jameson’s pro se action without prejudice. The dismissal was based on Jameson’s failure to timely serve the defendants under Federal Rule of Civil Procedure 4(m) and failure to show cause or address service-related deficiencies in his objection.

Holdings

1. The objection was properly overruled because Jameson did not address the service-of-process or failure-to-prosecute grounds underlying the recommendation; the Report and Recommendation was therefore adopted.
2. Dismissal without prejudice was warranted because Jameson failed to serve the defendants within the Rule 4(m) period and failed to show good cause for an extension.

Questions Presented

1. Whether the district court should adopt the magistrate judge's recommendation to dismiss the action without prejudice for failure to timely serve the defendants.
2. Whether Jameson's objection adequately challenged the magistrate judge's recommendation or established good cause for extending the time for service.

Disposition

dismissed