Alfred Wayne Reed v. Memorial Hermann Hospital

Summary

The United States District Court for the Southern District of Texas adopts a magistrate judge's recommendation and dismisses without prejudice an employment discrimination action brought by Alfred Wayne Reed against Memorial Hermann Hospital. The court overrules Reed's objections because he did not demonstrate that he attempted to serve the defendant and dismisses the case for failure to prosecute.

Holdings

1. Plaintiff's objections were meritless because they did not demonstrate that he had attempted to serve Memorial Hermann Hospital; the objections were therefore overruled.
2. The action was properly dismissed without prejudice, and the magistrate judge's Report and Recommendation was adopted as the Memorandum and Order of the district court.

Questions Presented

1. Whether the district court should adopt the magistrate judge's recommendation to dismiss the action without prejudice after Plaintiff failed to provide proof of service or show cause for failing to do so.
2. Whether Plaintiff's objections demonstrated error in the magistrate judge's recommendation.

Disposition

dismissed