Bruseau v. Whores

Filing 7

ORDER adopting 3 the Report and Recommendation and DISMISSING this action for failure to state a claim over which this Court has subject matter jurisdiction. Signed by Judge Michael H. Watson on 7/9/13. (jk1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

Todd J. Bruseau,
Plaintiff,

v.

Case No. 2:13-cv-475

Ms. Whores, also known as
Rosemary W. Kendall,

Judge Michael H. Watson

Defendant.
ORDER
Plaintiff initiated this prose diversity action on May 17, 2013, by submitting
a largely undecipherable and incomprehensible complaint. On May 22, 2013, the
Magistrate Judge issued an order and report and recommendation granting
Plaintiff in forma pauperis status, but recommending that the action be dismissed
for failure to state a claim over which this Court has jurisdiction. ECF No. 3. The
Magistrate Judge specifically advised Plaintiff of the consequences of failing to
object to the report and recommendation. The Clerk sent Plaintiff a copy of the
report and recommendation via regular and certified U.S. mail.
Plaintiff then submitted documents to the Court that were filed under seal
on June 18, 2013. ECF No. 6. Among those documents was a notice of the filing
of the report and recommendation. PageiD # 31, ECF No.6. The latter
demonstrates Plaintiff was aware of the Magistrate Judge's report and

recommendation. Nothing in those documents, however, can fairly be construed
as an objection to the Magistrate Judge's report and recommendation.
Because Plaintiff has failed to timely object to the Magistrate Judge's report
and recommendation, he has waived his right to de novo review by the District
Judge as well as his right to appeal. See Pfahler v. Nat'/ Latex Prod. Co., 517
F.3d 816, 829 (6th Cir. 2007) (holding that "failure to object to the magistrate
judge's recommendations constituted a waiver of [the defendant's] ability to
appeal the district court's ruling"). The Court ADOPTS the Magistrate Judge's
report and recommendation in its entirety, and DISMISSES this action for failure
to state a claim over which this Court has subject matter jurisdiction.
The Clerk shall enter final judgment accordingly. In addition, the Clerk
shall send a copy of this order and the judgment to Plaintiff at his last known
address by regular and certified U.S. mail.
IT IS SO ORDERED.

UNITED STATES DISTRICT COURT

Case No. 2:13-cv-475

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