Evans v. France et al

Filing 75

Memorandum Opinion adopting 72 Magistrate Judge's Report and Recommendation. The unopposed motion of defendants Nicole Lewis and Jasmine Lester to dismiss 65 is granted in full, and all claims brought against them are dismissed. Additionally, the Court dismisses plaintiffs claims under 18 U.S.C. § 242 as against all defendants for want of subject matter jurisdiction.Judge Sara Lioi on 5/30/2017. (D,JJ)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
CASE NO. 4:16cv5
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ROBERT LEE EVANS,
PLAINTIFF,
vs.
DEPUTY LISA FRANTZ, et al.,
DEFENDATNS.

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JUDGE SARA LIOI
MEMORANDUM OPINION

Before the Court is the report and recommendation of the Magistrate Judge in the
above-entitled action. (Doc. No. 72.) 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. 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 unopposed motion of defendants Nicole Lewis and Jasmine Lester to
dismiss (Doc. No. 65) is granted in full, and all claims brought against them are dismissed.

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Additionally, the Court dismisses plaintiff’s claims under 18 U.S.C. § 242 as against all defendants
for want of subject matter jurisdiction.
IT IS SO ORDERED.
Dated: May 30, 2017
HONORABLE SARA LIOI
UNITED STATES DISTRICT JUDGE

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