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RANDALL D. HAMMONDS, Plaintiff, v. EXPRESS CARRIERS and KYLE KAUPER, Owner, Defendants.

ORDER

FRED BIERY, Judge

Pending before the Court is the Memorandum and Recommendation filed by the United States Magistrate Judge on October 18, 1999 (Docket Entry No. 38). Therein the Magistrate Judge recommends that Plaintiff's claims against Express Carriers be DISMISSED WITHOUT PREJUDICE for lack of personal jurisdiction over the defendant due to Plaintiff's failure to timely obtain service on Express Carriers. The Court, having conducted an independent review of the record, as required by 28 U.S.C. § 636 (b)(1)(C), hereby concurs with the Magistrate Judge's findings of fact and conclusions of law and adopts the same as its own.

Plaintiff, who received the Magistrate Judge's report on October 20, 1999, has failed to file a response within the time allowed by 28 U.S.C. § 636 (b)(1) and Rule 72(b), Federal Rules of Civil Procedure.

Accordingly, it is ORDERED that all of the claims of Plaintiff against Express Carriers be, and the same are hereby, DISMISSED WITHOUT PREJUDICE for lack of personal jurisdiction.

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HAMMONDS v. EXPRESS CARRIERS, (W.D.Tex. 1999)
(Nov 2, 1999)