Gunther v. Castineta et al

Filing 36

ORDER adopting Report and Recommendations re 33 Report and Recommendations.. Signed by Senior Judge Peter C Economus on 8/6/2014. (ds)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
KEITH E. GUNTHER,
Plaintiff,
v.

Case No. 2:10-cv-997
Judge Peter C. Economus

ED CASTINETA, et al.

ORDER

Defendants.
This matter is before the Court for consideration of the June 5, 2014 Report and
Recommendation of the Magistrate Judge. (Dkt. 33.) In light of a previous show cause order,
the Magistrate Judge recommended that the Court dismiss without prejudice the claims against
Defendant Officer Lucal for failure to obtain service under Federal Rule of Civil Procedure 4(m).
Because Defendant Lucal is the only remaining defendant in this action, dismissal of the claims
against him results in dismissal of the case.
The Report and Recommendation of the Magistrate Judge specifically advised the parties
that failure to object to the Report and Recommendation within fourteen days 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. On June 10, 2014, the Report and Recommendation was returned
as undeliverable, the return envelope indicating that Plaintiff had been released. Plaintiff has not
filed an alternative address for the Court to send correspondence. No objections have been filed,
and the time period for filing objections has expired.
The Court reviewed the Report and Recommendation of the Magistrate Judge pursuant to
28 U.S.C. § 636(b). Noting that no objections have been filed and that the time for filing such
objections has expired, the Court ADOPTS the Report and Recommendation of the Magistrate
Judge. Accordingly, Plaintiff’s action is DISMISSED WITHOUT PREJUDICE for failure to
prosecute. The Clerk is DIRECTED to remove this action from the Court’s pending case list.
IT IS SO ORDERED.