Williams v. Federal Bureau of Prisons et al

Filing 28

Memorandum Opinion and Order adopting Magistrate Judge Nancy A. Vecchiarelli's Report and Recommendation. ECF No. 26 . Defendants' Joint Motion to dismiss or, Alternatively, Motion for Summary Judgment (ECF No. 22 ) is granted and Williams' Complaint (ECF No. 1 ) is dismissed with prejudice. An appeal from this decision could not be taken in good faith. Judge Benita Y. Pearson on 1/26/2012. (S,L)

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
ROBERT WILLIAMS,
Plaintiff,
v.
FEDERAL BUREAU OF PRISONS, et al,
Defendants.

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CASE NO. 4:10CV0558

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION AND
ORDER [Regarding ECF Nos. 22 & 26]

Before the Court is the Report and Recommendation of Magistrate Judge Nancy A.
Vecchiarelli (ECF No. 26) recommending that the Defendants’ motion to dismiss the complaint
of plaintiff, Robert Williams (“Williams”) or, in the alternative, for summary judgment be
granted (ECF No. 22).
The Federal Magistrates Act requires a district court to conduct a de novo review only of
those portions of a Report and Recommendation to which the parties have made an objection. 28
U.S.C. § 636(b)(1)(C). Parties must file any objections to a Report and Recommendation within
fourteen days of service. Id.; Fed. R. Civ. P. 72(b)(2). Failure to object within this time waives a
party’s right to appeal the district court’s judgment. Thomas v. Arn, 474 U.S. 140, 145 (1985);
United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). Absent objection, a district court
may adopt a magistrate judge’s report without review. See Thomas, 474 U.S. at 149.
In the instant case, Williams has not filed objections to the Report and Recommendation
during the requisite time period, in spite of his request for an extension of time to do so (ECF No.

(4:10-cv-00558)
27). The Court finds that the Report and Recommendation is supported by the record, and agrees
with the recommendation to dismiss the Complaint, and that, pursuant to 28 U.S.C. § 1915(a)(3),
an appeal from this decision could not be taken in good faith.
Accordingly, the Court adopts Magistrate Judge Nancy A. Vecchiarelli’s Report and
Recommendation. ECF No. 26. Defendants’ Joint Motion to dismiss or, Alternatively, Motion
for Summary Judgment (ECF No. 22) is granted and Williams’ Complaint(ECF No. 1) is
dismissed with prejudice. An appeal from this decision could not be taken in good faith.

IT IS SO ORDERED.

January 26, 2012
Date

/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge

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