Hawkins v. Franklin County Sheriff's Office et al

Filing 28

REPORT AND RECOMMENDATIONS re 23 Show Cause Order: The Magistrate Judge RECOMMENDS that the Court impose the sanction of default judgment against Defendant Wells in an amount to be determined by the Court. Objections to R&R due within fourteen days of the date of this Report. Signed by Magistrate Judge Elizabeth Preston Deavers on 4/29/2014. (er1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

AARON L. HAWKINS,
Plaintiff,
Civil Action 2:13-cv-186
Judge Michael H. Watson
Magistrate Judge Elizabeth P. Deavers

v.

FRANKLIN COUNTY SHERIFF’S
OFFICE,
Defendant.

REPORT AND RECOMMENDATION
On April 9, 2014, this matter came before the Court for a Preliminary Pretrial Conference
pursuant to proper notice. Because Defendant Paul S. Wells, who is proceeding without the
assistance of counsel, failed to appear, the Court directed him to show cause within fourteen
days why the Court should not enter default against him for failure to appear and defend. (ECF
No. 23.) The Court “specifically advised [Defendant Wells] that default judgment could be
entered against him if he fails to respond to the Show Cause Order. (ECF No. 23.)
To date, Defendant Wells has not responded to the Court’s Show Cause Order. It is
therefore RECOMMENDED that the Court impose the sanction of default judgment against
Defendant Wells in an amount to be determined by the Court. The Undersigned finds that this
harsh sanction is warranted given Defendant Wells’ failure to appear at the Preliminary Pretrial
Conference and subsequent failure to respond to this Court’s Show Cause Order.

PROCEDURE ON OBJECTIONS
If any party seeks review by the District Judge of this Report and Recommendation, that
party may, within fourteen (14) days, file and serve on all parties objections to the Report and
Recommendation, specifically designating this Report and Recommendation, and the part in
question, as well as the basis for objection. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b).
Response to objections must be filed within fourteen (14) days after being served with a copy.
Fed. R. Civ. P. 72(b).
The parties are specifically advised that the failure to object to the Report and
Recommendation will result 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. See, e.g., Pfahler v. Nat’l Latex
Prod. Co., 517 F.3d 816, 829 (6th Cir. 2007) (holding that “failure to object to the magistrate
judge’s recommendations constituted a waiver of [the defendant’s] ability to appeal the district
court’s ruling”); United States v. Sullivan, 431 F.3d 976, 984 (6th Cir. 2005) (holding that
defendant waived appeal of district court’s denial of pretrial motion by failing to timely object to
magistrate judge’s report and recommendation). Even when timely objections are filed, appellate
review of issues not raised in those objections is waived. Robert v. Tesson, 507 F.3d 981, 994
(6th Cir. 2007) (“[A] general objection to a magistrate judge’s report, which fails to specify the
issues of contention, does not suffice to preserve an issue for appeal . . . .”) (citation omitted)).

Date: April 29, 2014

/s/ Elizabeth A. Preston Deavers
Elizabeth A. Preston Deavers
United States Magistrate Judge

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