Fawcett v. United States of America et al
Filing
52
Memorandum of Opinion and Order For the reasons set forth herein, the Court adopts Magistrate Judge Kathleen B. Burke's Report and Recommendation in its entirety. ECF NO. 51 . Defendant's motion to dismiss (ECF No. 29 ) is hereby granted. Plaintiff Anthony J. Fawcett's claims against John Doe are also hereby dismissed. Judge Benita Y. Pearson on 11/26/2014. (JLG)
PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
ANTHONY J. FAWCETT,
Plaintiff,
v.
UNITED STATES OF AMERICA, et al.,
Defendants.
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CASE NO. 4:13CV1828
JUDGE BENITA Y. PEARSON
MEMORANDUM OF OPINION AND
ORDER
Before the Court is the Report and Recommendation of Magistrate Kathleen B. Burke
recommending that the Court dismiss Plaintiff Anthony J. Fawcett’s Bivens claim against
Defendants Michael Hughes (“Hughes”) and John Doe (“Doe”), Drug Enforcement
Administration (“DEA”) agents or employees.1
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). Any further review by this Court would be a duplicative and inefficient
use of the Court’s limited resources. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff’d, Thomas
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Fawcett brought a claim against the United States pursuant to the Federal Tort Claims
Act (“FTCA”). The Court previously granted the Motion to Dismiss filed by the United States.
See ECF NO. 45 & ECF NO. 48.
1
(4:13-CV-1828)
v. Arn, 474 U.S. 140, 145 (1985); Howard v. Sec’y of Health and Human Services, 932 F.2d 505
(6th Cir. 1991); U.S. v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). Parties must file
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, 474 U.S. at 145. 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, Plaintiff has not filed objections to the Report and Recommendation.
The Court finds that the Report and Recommendation is supported by the record, and agrees with
the recommended dismissal. ECF NO. 51.
Accordingly, the Court adopts Magistrate Judge Kathleen B. Burke’s Report and
Recommendation in its entirety. ECF NO. 51. Defendant’s motion to dismiss is hereby granted.
Plaintiff Anthony J. Fawcett’s claims against John Doe are also hereby dismissed.
IT IS SO ORDERED.
November 26, 2014
Date
/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge
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