Blume v. Supilanas et al

Filing 11

ORDER ADOPTING the REPORT AND RECOMMENDATION 9 in that Plaintiff's Complaint is DISMISSED pursuant to 28:1915(e)(2)(B)(ii). Signed by Judge Gregory L Frost on 11/2/11. (sem1)

Download PDF
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION KENNETH RAY BLUME, Plaintiff, Civil Action 2:11-cv-146 JUDGE GREGORY L. FROST Magistrate Judge E.A. Preston Deavers v. MARY JEAN SUPILANAS, et al., Defendants, ORDER This matter is before the Court for consideration of the United States Magistrate Judge’s October 11, 2011 Report and Recommendation. (ECF No. 9.) The Magistrate Judge conducted an initial screen of Plaintiff’s Complaint as required by 28 U.S.C. § 1915(e)(2) and recommended that the Court dismiss this action for failure to assert any claim with an arguable basis in law over which this Court has subject matter jurisdiction. 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 12, ECF No. 9.) 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. Accordingly, the Court DISMISSES Plaintiff’s Complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). IT IS SO ORDERED. /s/ Gregory L. Frost GREGORY L. FROST UNITED STATES DISTRICT JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?