Benitez v. Eitel et al

Filing 35

OPINION and ORDER adopting 31 the Report and Recommendation; denying 18 Defendants' Motion to Dismiss for Lack of Prosecution. Signed by Judge Michael H. Watson on 2/3/14. (jk1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

Harold Benitez,
Plaintiff,

v.
Brandon Eitel, eta/.,

Case No. 13-cv-328
Judge Michael H. Watson

Defendants.
OPINION AND ORDER
Several defendants moved to dismiss Plaintiff's prisoner civil rights case for lack
of prosecution and failure to perfect service. Mot. Dismiss, ECF No. 18. The Magistrate
Judge recommended the Court deny the defendants' motion. R&R, ECF No. 31. The
R&R advised the parties that they may file objections within fourteen days and that
failure to file objections would result in a waiver of the right to de novo review of the
R&R by the undersigned as well as waiver of the right to appeal the judgment of the
District Court. R&R 11, ECF No. 31. The time for filing objections has passed, and
none have been filed. Accordingly, the Court ADOPTS the R&R, ECF No. 31, and
DENIES the defendants' motion to dismiss, ECF No. 18. The Court GRANTS Plaintiff a
Rule 4(m) discretionary extension and retroactively extends the service deadline nine
days, until October 9, 2013.
IT IS SO ORDERED.

~-Wd&z

NfiCHAELH:WASON, JUDGE
UNITED STATES DISTRICT COURT