Ternovsky v. Husted

Filing 5

ORDER ADOPTING the REPORT AND RECOMMENDATION 3 in that this case is DISMISSED without prejudice for lack of subject-matter jurisdiction. Signed by Judge Gregory L Frost on 5/8/13. (sem1)

IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

IGOR TERNOVSKY,
Plaintiff,
Civil Action 2:13-cv-276
JUDGE GREGORY L. FROST
Magistrate Judge Elizabeth P. Deavers

v.

JON HUSTED,
Defendant.

ORDER
This matter is before the Court for consideration of the United States Magistrate Judge’s
April 18, 2013 Report and Recommendation. (ECF No. 3.) 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 without prejudice for lack of 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 5, ECF No. 3.) 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 this action without prejudice

for lack of subject-matter jurisdiction.
IT IS SO ORDERED.

/s/ Gregory L. Frost
GREGORY L. FROST
UNITED STATES DISTRICT JUDGE

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