Russo v. Dental Express Middleburg Hts., Brian E. Jackson, D.D.S., LLC et al

Filing 20

Memorandum Opinion and Order Adopting 19 Report and Recommendation of Magistrate Judge Burke. The parties' stipulated dismissal will be approved. Signed by Judge David D. Dowd, Jr. on 4/18/2013. (M,De)

DOWD, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
Robert Russo,
Plaintiff,
v.
Dental Express, et al.,
Defendants.

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CASE NO. 5:12 CV 2879

MEMORANDUM OPINION AND
ORDER

The Court referred this case to Magistrate Judge Kathleen Burke for general pretrial
supervision. While under Magistrate Judge Burke’s supervision, this case was settled.
Thereafter, the parties filed a proposed stipulation of dismissal with prejudice. ECF 18.
Magistrate Judge Burke has recommended that the Court approve the stipulation and
dismiss the case with prejudice. ECF 19.
Under the relevant statute:
[T] magistrate judge shall file [her] proposed findings and
recommendations under subparagraph (B) with the court and a
copy shall forthwith be mailed to all parties.
Within fourteen days after being served with a copy, any party
may serve and file written objections to such proposed findings
and recommendations as provided by rules of court. A judge of
the court shall make a de novo determination of those portions of
the report or specified proposed findings or recommendations to
which objection is made.
28 U.S.C. § 636(b)(1)(C).

(5:12 CV 2879)
No objections have been filed to Magistrate Judge Burke’s report and recommendation.
The failure to file written objections to a Magistrate Judge’s report and recommendation
constitutes a waiver of a de novo determination by the district court of an issue covered in the
report. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff’d, 474 U.S. 140 (1985); see United
States v. Walters, 638 F.2d 947 (6th Cir. 1981).
The Court has reviewed the Magistrate Judge’s Report and Recommendation and adopts
the same. Accordingly, the parties’ stipulated dismissal will be approved.

IT IS SO ORDERED.

April 18, 2013
Date

s/ David D. Dowd, Jr.
David D. Dowd, Jr.
U.S. District Judge

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