United States District Court, S.D. New York
June 1, 2004.
FREDDERICK PRESTON, Plaintiff, -against- ACTING SUPERINTENDENT P. RICHARDS, et al., Defendants
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
By report and recommendation dated May 17, 2004, Magistrate Judge
Peck recommended that this action be dismissed without prejudice pursuant
to Fed.R.Civ.P. 4(m).
Plaintiff has responded with a letter to the Clerk, which the Court
treats as an objection to the Report and Recommendation. He says that he
had inadequate funds to serve the defendants, but recently learned that
he is entitled to have the correctional facility in which he is
incarcerated advance the funds against an encumbrance on his inmate
account. He says that he now has taken advantage of this arrangement and
has "effected proper service upon the Marshal's Office."
It is not entirely clear what plaintiff means to say here. In view of
the fact that he appears to be attempting to make service, the Court
declines to accept the report and recommendation. Plaintiff's time within
which to make proper service and file proof thereof is extended to and
including August 1, 2004.
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