O'Neal v. Nationstar Mortgage et al

Filing 49

ORDER by Chief Judge Susan J. Dlott ADOPTING REPORT AND RECOMMENDATIONS for 46 Report and Recommendations. Pltf's complaint is DISMISSED as to dft Gateway Mortgage, Inc. due to pltf's failure to effect timely service of process of the summons and complaint. (wam1, ) Modified to clarify docket text on 6/24/2009 (scot, ).

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION TESSA O'NEAL, Plaintiff(s), vs. NATIONSTAR MORTGAGE, et. al., Defendant(s). : : : : : : : : :

Case Number: 1:07cv505 Chief Judge Susan J. Dlott

ORDER The Court has reviewed the Report and Recommendation of United States Magistrate Judge Timothy S. Black filed on May 27, 2009 (Doc. 46), to whom this case was referred pursuant to 28 U.S.C. §636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) expired June 16, 2009, hereby ADOPTS said Report and Recommendation. Accordingly, the deadlines set forth in a March 19, 2009 Order have passed without Plaintiff having properly effectuated service upon Defendant Gateway as required by Rule 4( c ). The Court hereby ORDERS that Plaintiff's complaint is DISMISSED as to Defendant Gateway Mortgage, Inc. due to Plaintiff's failure to effect timely service of process of the summons and complaint. IT IS SO ORDERED.

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___s/Susan J. Dlott___________ Chief Judge Susan J. Dlott United States District Court