Cassandra Whitaker as Putative Representative of the Estate of Nashyra Whitaker v. Farmer

Opinion

Southern District of Texas ENTERED UNITED STATES DISTRICT COURT October 11, 2024 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk MCALLEN DIVISION Cassandra Whitaker as Putative § Representative of the Estate of § Nashyra Whitaker, § Plaintiffs, § § § Civil Action M-23-339 § Bianca Famer, et al., § Defendanis. §

MEMORANDUM AND RECOMMENDATION This case has been referred to the undersigned magistrate judge pursuant to 28 U.S.C. § 636(b)(1). ECF No. 4. On June 24, 2024, the court. ordered the Plaintiff to serve “any outstanding defendants against whom Plaintiff wishes to pursue her claims” by July 26, 2024, ECF No. 42 at 2. At the hearing held on October 10, 2024, Plaintiffs counsel stated that Defendants Red Door Entertainment, LLC, Red Door Carriers, LLC, Armando Lopez, Jr. and Cesar Cruz have not been served. Accordingly, pursuant to Rule 4(m), the court recommends Defendants Red Door Iintertainment, LLC, Red Door Carriers, LLC, Armando Lopez, Jr. and Cesar Cruz be dismissed without prejudice for failure to serve them.

The parties have fourteen days from service of this Memorandum and Recommendation to file written objections. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72. Failure to timely file objections will preclude appellate review of factual findings or legal conclusions, except for plain error. See Thomas v. Arn, 474 US. 140, 147-49 (1985); Rodriguez v. Bowen, 857 F.2d 275, 276—77 (5th Civ. 1988).

Signed at Houston, Texas on October 10, 2024.

Peter Bra United States Magistrate Judge