IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
July 23, 2009
ARTIE J. ALLEN, PLAINTIFF
DOMINICK DEROSE, TOM TOOLAN, DR. DRUE WAGNER, UNIDENTIFIED BLOCK OFFICERS OF DAUPHIN COUNTY JAIL, DEFENDANTS
The opinion of the court was delivered by: Judge Conner
AND NOW, this 23rd day of July, 2009, upon consideration of the report of the magistrate judge (Doc. 42), recommending that defendants Block Officers be dismissed from the above-captioned action pursuant to Rule 4(m) of the Federal Rules of Civil Procedure and that the case be remanded to the magistrate judge, and it appearing that plaintiff filed suit on September 24, 2007, and that he failed to identify the Block Officers and effectuate service within the 120-day time period allotted by Rule 4(m), and it further appearing that the magistrate judge granted plaintiff an extension to identify and serve the Block Officers on or before April 16, 2009,*fn1 that plaintiff did not do so within this time (Doc. 31), and that the magistrate judge informed plaintiff that these defendants would be dismissed unless plaintiff satisfactorily served them, (Doc. 31 at 2), it is hereby ORDERED that:
1. The report and recommendation of the magistrate judge (Doc. 42) is ADOPTED.
2. The claims against defendants Block Officers are DISMISSED. See FED. R. CIV. P. 4(m).
3. The above-captioned matter is REMANDED to the magistrate judge for further proceedings.
CHRISTOPHER C. CONNER United States District Judge