Pollard v. United States Department of Veterans Affairs et al

Filing 5

ORDER Adopting 3 Report and Recommendations. Signed by Senior Judge Peter C Economus on 3/1/13. (jcw1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
JESSE DARDEN POLLARD,
Plaintiff,
v.
UNITED STATES DEPARTMENT OF
VETERANS AFFAIRS, et al.

Case No. 2:13-69
Judge Peter C. Economus
MEMORANDUM OPINION AND ORDER

Defendants.
This matter is before the Court for consideration of the February 5, 2013 Report and
Recommendation of the Magistrate Judge. (Dkt. 3.) The Magistrate Judge recommended that
this action be dismissed pursuant to 28 U.S.C. §1915(e)(2), which provides for review of
proceedings in forma pauperis and requires the Court to dismiss the case if the action fails to
state a claim on which relief can be granted. The Magistrate Judge found that Plaintiff has not
exhausted his administrative remedies, which is required in order for this Court to have
jurisdiction under the Federal Tort Claims Act. (Dkt. 3 at 2.)
The Report and Recommendation specifically advised the parties that failure to object to
the Report and Recommendation within fourteen days results in a “waiver of the right to have the
district judge review the Report and Recommendation de novo, and also operates as a waiver of
the right to appeal the decision of the District Court adopting the Report and Recommendation.”
(Dkt. 3 at 3–4.) The time period for filing objections has expired, and no party has objected.
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. (Dkt. 3.) Accordingly, Plaintiff’s action is DISMISSED. The Clerk is DIRECTED to
remove this action from the Court’s pending case list.
IT IS SO ORDERED.

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