Mobley v. State of Ohio Department of Rehabilitation and Correction et al

Filing 42

REPORT AND RECOMMENDATIONS re 1 Complaint filed by James Mobley. The Magistrate Judge RECOMMENDS that defendants be dismissed w/o prejudice under Rule 4(m) Fed. R. Civ. P. for failure to obtain service on them - objections due w/in fourteen (14) days. Signed by Magistrate Judge Mark R. Abel on 10/16/2013. (sr1)

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

James Mobley,

:
Plaintiff

State of Ohio Department of
Rehabilitation and Correction, et al.,

Civil Action 2:13-cv-00286

:

v.

:

Judge Watson

:

Magistrate Judge Abel

:
Defendants

Report and Recommendation
On August 20, 2013, plaintiff was ordered to show cause why this case should
not be dismissed for failure to obtain service on defendants. On September 25, 2013,
plaintiff filed a response to the Show Cause Order stating that he had sent summons
and complaint to this Court. The Clerk of Court has reviewed the file and indicated that
plaintiff did not provide the Clerk of Court with the sufficient number of complaints
and USM-285 forms necessary for service on the 112 defendants. No defendants have
been served. As a result, the Magistrate Judge RECOMMENDS that defendants be
dismissed without prejudice, under Rule 4(m), Fed. R. Civil. P. for failure to obtain
service on them.
If any party objects to this Report and Recommendation, that party may, within
fourteen (14) days, file and serve on all parties a motion for reconsideration by the

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Court, specifically designating this Report and Recommendation, and the part thereof
in question, as well as the basis for objection thereto. 28 U.S.C. §636(b)(1)(B); Rule 72(b),
Fed. R. Civ. P.
The parties are specifically advised that 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. Thomas v.
Arn, 474 U.S. 140, 150-152 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981);
United States v. Sullivan, 431 F.3d 976, 984 (6th Cir. 2005); Miller v. Currie, 50 F.3d 373,
380 (6th Cir. 1995). Even when timely objections are filed, appellate review of issues not
raised in those objections is waived. Willis v. Sullivan, 931 F.2d 390, 401 (6th Cir. 1991).

s/Mark R. Abel
United States Magistrate Judge

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