Younker v. Ohio State University Medical Center et al

Filing 111

ORDER ADOPTING the REPORT AND RECOMMENDATION 109 in that 90 Defendants' Motion for Summary Judgment is GRANTED and Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE. Signed by Judge Gregory L Frost on 7/16/13. (sem1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
AARON D. YOUNKER,
Plaintiff,

Case No. 2:11-cv-00749
Judge Gregory L. Frost
Magistrate Judge Elizabeth P. Deavers

v.
OHIO STATE UNIVERSITY MEDICAL
CENTER, et al.,
Defendants.

ORDER
This matter is before the Court for consideration of the United States Magistrate Judge’s
Report and Recommendation filed on June 25, 2013. (ECF No. 109.) The Magistrate Judge
recommended that Defendants’ Motion for Summary Judgment (ECF No. 90) be granted for
failure to exhaust administrative remedies and that Plaintiff’s Complaint be dismissed without
prejudice.
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, ECF No. 109 at PageID# 517.) See, e.g.,
Pfahler v. Nat’l Latex Prod. Co., 517 F.3d 816, 829 (6th Cir. 2007). 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
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Report and Recommendation. Accordingly, the Court GRANTS Defendants’ Motion for
Summary Judgment (ECF No. 90) and DISMISSES Plaintiff’s Complaint WITHOUT
PREJUDICE.
IT IS SO ORDERED.
/s/ Gregory L. Frost
GREGORY L. FROST
UNITED STATES DISTRICT JUDGE

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