United States District Court, N.D. Mississippi, Greenville Division
M. BROWN UNITED STATES DISTRICT JUDGE
the Court is United States Magistrate Judge David A.
Sanders' January 22, 2019, Report and Recommendation,
Doc. #71; and May 21, 2019, Report and Recommendation, Doc.
24, 2016, Walter Cornelius Lewis filed a pro se prisoner
complaint against “Marshall Fisher, ”
“Officer Page, ” “Officer Strickland,
” “Officer Marshall, ” and “Unnamed
Officers.” Doc. #1 at 1. Lewis' request to proceed
in forma pauperis was granted June 16, 2016. Doc. #7. On
November 7, 2018, United States Magistrate Judge David A.
Sanders ordered the United States Marshal Service to
personally serve Strickland. Doc. #54. Process to Strickland
listing a Mississippi Department of Corrections
(“MDOC”) facility as his address was returned
unexecuted on November 26, 2018, with a remark that
“[p]rocess could not be served due to lack of full name
….” Doc. #61 at 2.
December 3, 2018, Judge Sanders ordered Lewis to provide by
January 2, 2019, a valid address for “Officer Edward
Strickland” for service of process since Strickland
was no longer employed by MDOC, and warned Lewis that failure
to comply may result in Strickland's dismissal. Doc. #62.
On or about December 17, 2018, Lewis submitted a motion
requesting that MDOC provide a valid address for Strickland.
Doc. #67. Judge Sanders denied the motion because
“[c]ounsel for MDOC has represented to the court that
MDOC cannot determine a current address for service of
process for this defendant.” Doc. #72.
January 22, 2019, Judge Sanders issued a Report and
Recommendation (“Strickland R&R”)
recommending that Strickland be dismissed from this case
because Lewis failed to provide a valid address for service
of process as ordered. Doc. #71 at 1. Judge Sanders explained
that “[t]he plaintiff, as the party initiating the
suit, is ultimately responsible for providing sufficient
information to locate each defendant” and that
“[n]either the Marshal Service nor the defendants have
been able to locate Officer Strickland ….”
Id. Lewis objected to the Strickland R&R on or
about February 11, 2019. Doc. #76.
February 21, 2019, Jeremy Page filed a motion for summary
judgment, Doc. #77, which Lawardrick Marsher joined, Doc.
Lewis responded in opposition to the motion on or about March
20, 2019. Doc. #82. On May 21, 2019, Judge Sanders issued a
Report and Recommendation (“Summary Judgment
R&R”) recommending that the motion for summary
judgment be granted and that this case be dismissed without
prejudice for Lewis' failure to exhaust administrative
remedies. Doc. #83 at 9. Lewis objected to the Summary
Judgment R&R on or about May 31, 2019. Doc. #93.
28 U.S.C § 636(b)(1)(C), “[a] judge of the court
shall make a de novo determination of those portions of the
report … to which objection is made.”
“[W]here there is no objection, the Court need only
determine whether the report and recommendation is clearly
erroneous or contrary to law.” United States v.
Alaniz, 278 F.Supp.3d 944, 948 (S.D. Tex. 2017) (citing
United States v. Wilson, 864 F.2d 1219,
1221 (5th Cir. 1989)).
objection to the Strickland R&R, Lewis admits that it is
his responsibility to locate Strickland but argues that
“[a]s an incarcerated inmate i am limited and if the
Marshal Service or defendants couldn't provide a valid
address for service of ...