Darryl Dominic Woodford and Darlene Anita Woodford v. Penny Marie Julia Woodford

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DARRYL DOMINIC Case No. 24-10166 WOODFORD and DARLENE ANITA WOODFORD, F. Kay Behm U.S. District Judge

Plaintiff, Curtis Ivy v. U.S. Magistrate Judge PENNY MARIE JULIA WOODFORD, Defendant. ____________________________/ OPINION AND ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE’S DECEMBER 17, 2025 REPORT AND RECOMMENDATION (ECF No. 39) Currently before the court is Magistrate Judge Ivy’s December 17, 2025 Report and Recommendation. (ECF No. 39). Judge Ivy recommends dismissing this case pursuant to Fed. R. Civ. P. 4(m). The court has reviewed the record and the pleadings. Neither party has filed objections. “[T]he failure to object to the magistrate judge’s report[] releases the Court from its duty to independently review the matter.” Hall v. Rawal, 2012 WL 3639070 (E.D. Mich. Aug. 24, 2012) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)). The court nevertheless agrees with the Magistrate Judge’s recommended disposition. The court notes that Plaintiff Darryl Woodford is incarcerated, and service was attempted by (and was primarily in the control of) the United States Marshal Service, not Plaintiffs. See ECF No. 8. However, Judge Ivy gave Plaintiffs multiple warnings that service was not being successfully effected, giving them fair notice of the need to seek alternate means of service. ECF Nos. 29, 31, 34, 36.

Indeed, Judge Ivy reminded Plaintiffs that if service was not effected, “the burden remains on them to seek alternative means of service or to discover a correct address for Defendant, whichever may be appropriate.” ECF No. 36, PageID.120. Judge Ivy gave Plaintiffs one final warning and opportunity to seek alternate service, else he noted the complaint must be dismissed under Fed. R. Civ. P. 4(m). ECF No. 38. No response was received, and this report and recommendation followed. Therefore, the Court ACCEPTS and ADOPTS the Magistrate Judge’s Report and Recommendation (ECF No. 39) and DISMISSES the complaint without prejudice.

SO ORDERED.

Date: January 13, 2026 s/F. Kay Behm F. Kay Behm United States District Judge