Thomas v. McDowell et al

Filing 60

ORDER ADOPTING REPORT AND RECOMMENDATIONS and DISMISSING "Unnamed Madison Correctional Institution Medical Staff Members" as parties, without prejudice, pursuant to Civil Rule 4(m). Signed by Judge James L Graham on 10/18/11. (ds)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

SHAWN THOMAS,
Plaintiff,
Civil Action 2:10-cv-152
Judge James L. Graham
Magistrate Judge E.A. Preston Deavers

v.

MR. McDOWELL, et al.,
Defendants.

ORDER
This matter is before the Court for consideration of the August 5, 2011 Report and
Recommendation of the United States Magistrate Judge Elizabeth A. Preston Deavers, to whom
this case was referred pursuant to 28 U.S.C. § 636(b). (ECF No. 39.) The Magistrate Judge
recommended that the Court dismiss the unnamed defendants from this action without prejudice
pursuant to Federal Rule of Civil Procedure 4(m).
The Report and Recommendation specifically advises Plaintiff that the failure to object to
the Report and Recommendation within fourteen days of the Report results in a “waiver of the
right to de novo review . . . by the District Judge and waiver of the right to appeal the judgment
of the District Court.” (Report and Recommendation 8, ECF No. 39.) The time period for filing
objections to the Report and Recommendation has expired. Plaintiff has not objected to the
Report and Recommendation.
The Court has reviewed the Report and Recommendation. Noting that no objections have
been filed and that the time for filing such objections has expired, the Court ADOPTS the Report

and Recommendation. (ECF No. 39.) Accordingly, the “Unnamed Madison Correctional
Institution Medical Staff Members” are DISMISSED WITHOUT PREJUDICE pursuant to
Rule 4(m).
IT IS SO ORDERED.

S/ James L. Graham
James L. Graham
UNITED STATES DISTRICT JUDGE
Date: October 18, 2011

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