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

Filing 47

ORDER adopting 42 the Report and Recommendation. Signed by Judge Michael H. Watson on 10/28/13. (jk1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
James Mobley,
Plaintiff,

v.
State of Ohio Department
of Rehabilitation and Correction,

Case No. 2:13-cv-286
Judge Michael H. Watson

et a/.,

Defendants.

ORDER
Pro se plaintiff James Mobley ("Plaintiff') moves to enter exhibits, ECF
Nos. 26, 34, 38, 41; for judgment, ECF No. 27; to be released under federal
supervision pending the Court's decision on his complaint, ECF No. 32; to be
placed in the custody of the United States Marshal's Office, ECF No. 33; to place
his civil action on an accelerated docket, ECF No. 35; and for discovery, ECF
Nos. 37, 40. Magistrate Judge Abel recommends in a report and
recommendation ("R&R") that Plaintiffs case be dismissed without prejudice for
failure to serve under Federal Rule of Civil Procedure 4(m). R&R 1, ECF No. 42.
The R&R stated that failure to object within fourteen days would result in a
waiver of the right to de novo review by the undersigned as well as a waiver of
the right to appeal the judgment of the District Court. /d. at 2.
Plaintiff responded with a respectful handwritten letter on October 24,
2013, thanking the Court, stating that he does not object to the R&R, and further

stating that he does not intend to file any additional complaints under 42 U.S.C.

§ 1983. Letter, ECF No. 44.
Having received no objections, the Court adopts the R&R and dismisses
this case without prejudice for failure to serve. The Clerk shall terminate the
case.
IT IS SO ORDERED.

Case No 2:13-cv-286

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