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PRESTON v. RICHARDS

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

ORDER

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.

  SO ORDERED.

20040601

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