Quinn v. Warden, Chillicothe Correctional Institution

Filing 37

ORDER Adopting Report and Recommendations re 30 .Accordingly, the Defendants Mohr and Freeman are DISMISSED WITHOUT PREJUDICE. Signed by Judge James L Graham on 2/1/2012. (ds)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

RICHARD L. QUINN, JR.,
Plaintiff,
Civil Action 2:11-cv-00268
Judge James L. Graham
Magistrate Judge E.A. Preston Deavers

v.

ROBIN KNAB, WARDEN,
Defendant.

ORDER
This matter is before the Court for consideration of the January 9, 2012 Report and
Recommendation of the United States Magistrate Judge Elizabeth A. Preston Deavers. (ECF No.
30.) The Magistrate Judge recommended that the Court dismiss Defendants Mohr and Freeman
from this action without prejudice pursuant to Federal Rule of Civil Procedure 4(m) for failure to
timely effect service of process.
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 2, ECF No. 30.) 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. 30.) Accordingly, the Defendants Mohr and Freeman are
DISMISSED WITHOUT PREJUDICE pursuant to Rule 4(m).
IT IS SO ORDERED.
S/ James L. Graham
James L. Graham
UNITED STATES DISTRICT COURT
Date: February 1, 2012

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