Brooks v. Potter et al

Filing 30

REPORT AND RECOMMENDATIONS that the claims against the remaining defendants be dismissed for failure to effect of process. It is further recommended that this action be dismissed. Objections due w/in fourteen (14) days. Signed by Magistrate Judge Norah McCann King on 11/22/2013. (kk2)

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

GORDON BROOKS,
Plaintiff,
vs.

Case No. 2:13-CV-507
Judge Frost
Magistrate Judge King

MARY POTTER, et al.,
Defendants.

ORDER
On October 31, 2013, the Court recommended that the motions to
dismiss filed on behalf of defendants Potter and Miller be granted and
plaintiff was ordered to show cause, by November 15, 2013, why the
claims against the remaining defendants should not be dismissed for
failure to effect service of process.
Recommendation, Doc. No. 28.

Order and Report and

Plaintiff was advised of the

consequences of failure to respond to that recommendation and order.
Id.

Plaintiff has made no response.
It is therefore RECOMMENDED that the claims against the remaining

defendants be dismissed for failure to effect service of process.
Fed. R. Civ. P. 4(m).

See

It is FURTHER RECOMMENDED that this action be

dismissed.
If any party seeks review by the District Judge of this Report
and Recommendation, that party may, within fourteen (14) days, file
and serve on all parties objections to the Report and Recommendation,
specifically designating this Report and Recommendation, and the part

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thereof in question, as well as the basis for objection thereto.
U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b).

28

Response to objections

must be filed within fourteen (14) days after being served with a copy
thereof.

Fed. R. Civ. P. 72(b).

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 of the right to appeal the
decision of the District Court adopting the Report and Recommendation.
See Thomas v. Arn, 474 U.S. 140 (1985); Smith v. Detroit Fed’n of
Teachers, Local 231 etc., 829 F.2d 1370 (6th Cir. 1987); United States
v. Walters, 638 F.2d 947 (6th Cir. 1981).

November 22, 2013

s/Norah McCann King_______
Norah McCann King
United States Magistrate Judge

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