Hindes v. Montgomery Lynch & Associates, Inc.

Filing 18

ORDER ADOPTING the REPORT AND RECOMMENDATION 14 in that this action is DISMISSED WITHOUT PREJUDICE. Signed by Judge Gregory L Frost on 12/17/13. (sem1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
ANJA HINDES,
Plaintiff,
Case No. 2:13-cv-354
JUDGE GREGORY L. FROST
Magistrate Judge Norah McCann King

v.
MONTGOMERY LYNCH
& ASSOCIATES, INC.,
Defendant.
ORDER

This matter is before the Court for consideration of the Magistrate Judge’s November 19,
2013 Report and Recommendation. (ECF No. 14.) In that filing, the Magistrate Judge
recommended that the Court dismiss this action for failure to timely effect service of process.
The Report and Recommendation advised Plaintiff that the failure to object within fourteen days
would “result in a waiver of the right to de novo review by the District Judge and of the right to
appeal the decision of the District Court adopting the Report and Recommendation.” (Id. at Page
ID # 45.) Plaintiff never objected to the Report and Recommendation and instead attempted to
effectuate untimely service without having obtained leave of court to do so.
The Court has reviewed the Report and Recommendation. Noting that no objections
have been filed, that the time for filing such objections has expired, and that the Magistrate
Judge’s reasoning is correct, the Court ADOPTS the Report and Recommendation (ECF No. 14)
and DISMISSES WITHOUT PREJUDICE this action pursuant to Federal Rule of Civil
Procedure 4(m).

IT IS SO ORDERED.
/s/ Gregory L. Frost
GREGORY L. FROST
UNITED STATES DISTRICT JUDGE

2