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Wilson v. International Longshoreman Association

United States District Court, S.D. Georgia, Savannah Division

October 22, 2014

MONICA WILSON, Plaintiff,
v.
INTERNATIONAL LONGSHOREMAN ASSOCIATION; WILLIE HAYWOOD; EDDIE MCBRIDE; GEORGIA STEVEDORE ASSOCIATION, INC.; AFL-CIO; and INTERNATIONAL LONGSHOREMEN'S ASSOCIATION LOCAL NUMBER 1414, SAVANNAH, GEORGIA; Defendants.

ORDER

WILLIAM T. MOORE, Jr., District Judge.

Before the Court is the Magistrate Judge's Report and Recommendation (Doc. to which objections have been filed (Doc. 56). After a careful de novo review of the record in this case, the Court concludes that Plaintiff's objections are without merit. Accordingly, the report and recommendation is ADOPTED as the Court's opinion in this case with one modification: Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE as to all Defendants. The Clerk of Court is DIRECTED to close this case.

While the Report and Recommendation makes some reference to Plaintiff's failure to fully exhaust her administrative remedies prior to filing suit (Doc. 33 at 3-4), the Court understands the Magistrate Judge to recommend dismissal based only on Plaintiff's failure to properly serve Defendants within the 120-day period required under Federal Rule of Civil Procedure 4(m) (id. at 4). However, dismissal under Rule 4(m) for failure to serve process may only be without prejudice. Betty K Agencies, Ltd. v. M/V MONADA , 432 F.3d 1333, 1342 n.5 (11th cir. 2005) Therefore, the Court adopts the report and recommendation with the modification that Plaintiff's complaint is dismissed without prejudice.

SO ORDERED.


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