Johnson v. Wright et al
Filing
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Memorandum Opinion: The Court has reviewed Magistrate Judge Limbert's report and recommendation and adopts the same. (Doc. No. 20 .) Accordingly, the case is dismissed without prejudice. Judge Sara Lioi on 12/9/2015. (P,J)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
TYRONE D. JOHNSON,
PLAINTIFF,
vs.
PAUL WRIGHT, et al.,
DEFENDANTS.
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CASE NO. 5:15-cv-573
JUDGE SARA LIOI
MEMORANDUM OPINION
Before the Court is the report and recommendation of Magistrate Judge George
Limbert in the above-captioned civil rights action filed pursuant to 42 U.S.C. § 1983. The magistrate
judge recommends that this case be dismissed for failure to prosecute. (Doc. No. 20 [“R&R”].)
Before issuing the report and recommendation, the magistrate judge issued an order to
show cause regarding the plaintiff’s failure to: (1) attend the scheduled case management conference,
(2) provide any explanation for failing to attend, and (3) participate in the case. The show cause order
stated that “Plaintiff’s failure to show cause will result in a recommendation that the Court dismiss
the instant case without prejudice.” (Doc. No. 19 [“Show Cause Order”].). The docket reflects that
on October 6, 2015, a copy of the show cause order was mailed to plaintiff.
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).
On November 6, 2015, a copy of the report and recommendation was mailed to
plaintiff. No objection has been filed. The failure to file written objections to the report and
recommendation of a magistrate judge 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 Magistrate Judge Limbert’s report and recommendation and
adopts the same. Accordingly, the case is dismissed without prejudice.
IT IS SO ORDERED.
Dated: December 9, 2015
HONORABLE SARA LIOI
UNITED STATES DISTRICT JUDGE
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