Brant v. Lauren Matthews, et al.

Filing 21

Order adopting 20 R&R and granting 3 Motion to dismiss case. The only basis for federal jurisdiction was FDIC's involvement in this litigation. With FDIC's dismissal, no federal subject matter jurisdiction exists. This Court declines to exercise supplemental jurisdiction over the remaining claims and remands this action to the Sandusky County Court of Common Pleas. Judge Jack Zouhary on 12/5/2013. (D,L)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
Ronald Brant,

Case No. 3:13 CV 1576
Plaintiff,
-vs-

ORDER
JUDGE JACK ZOUHARY

Lauren Matthews, et al.,
Defendants.

This Court has reviewed the Report and Recommendation (“R&R”) of the Magistrate Judge
filed November 14, 2013 (Doc. 20). The R&R recommends this Court grant Defendant FDIC’s
Motion to Dismiss (Doc. 3) Plaintiff’s claims against it because this Court lacks jurisdiction as a result
of Plaintiff’s failure to timely exhaust administrative remedies or pursue his claim against the FDIC
in federal court.
Under 28 U.S.C. § 636(b)(1), a party must serve written objections to the Magistrate Judge’s
proposed findings and recommendations within fourteen (14) days of being served with the R&R, at
which time this Court makes a de novo determination of those portions of the R&R to which
objections were made. The failure to file objections within the time frame set forth in the statute
constitutes a waiver of de novo review by the district court. See United States v. Sullivan, 431 F.3d
976, 984 (6th Cir. 2005); Thomas v. Arn, 474 U.S. 140, 149 (1985).
Plaintiff’s deadline for filing objections has passed, and no requests for extension have been
received. The R&R accurately states the facts and law, and this Court adopts it in its entirety.
Accordingly, Defendant FDIC’s Motion to Dismiss (Doc. 3) is granted.

Furthermore, the only basis for federal jurisdiction was FDIC’s involvement in this litigation.
With FDIC’s dismissal, no federal subject matter jurisdiction exists. This Court declines to exercise
supplemental jurisdiction over the remaining claims and remands this action to the Sandusky County
Court of Common Pleas. See 28 U.S.C. § 1367(c); Long v. Bando Mfg. of Am., Inc., 201 F.3d 754,
761 (6th Cir. 2000).
IT IS SO ORDERED.
s/ Jack Zouhary
JACK ZOUHARY
U.S. DISTRICT JUDGE
December 5, 2013

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