Hernandez-Alvarez v. United States of America et al

Filing 13

Order: The Court adopts the Magistrate Judge's report and recommendation. Accordingly, for the reasons set forth in the report and recommendation, the defendant's motion to dismiss (Doc. No. 10 ) is granted. (Related Doc # 11 ). Judge Sara Lioi on 12/9/2013. (P,J)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

ROGELIO HERNANDEZ-ALVAREZ,

PLAINTIFF,
vs.
UNITED STATES OF AMERICA, et al.,

DEFENDANTS.

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CASE NO. 4:12-cv-2451

JUDGE SARA LIOI

ORDER

Before the Court is the report and recommendation of the Magistrate Judge in the
above-entitled action. Under the relevant statute:
[. . .] 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). In this case, the fourteen-day period has elapsed and no objections
have been filed nor has any extension of time been sought. 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. The
Court notes that plaintiff is no longer an inmate at the Giles Correctional Facility in Post, Texas,

as stated in the report and recommendation. Plaintiff has filed a notice of change of address and
is no longer imprisoned. (Doc. No. 12.) With that exception, the Court adopts the Magistrate
Judge’s report and recommendation. Accordingly, for the reasons set forth in the report and
recommendation, the defendant's motion to dismiss is GRANTED.

IT IS SO ORDERED.

Dated: December 9, 2013
HONORABLE SARA LIOI
UNITED STATES DISTRICT JUDGE