Vision Films, Inc. v. Does 1-38

Filing 7

REPORT AND RECOMMENDATIONS re 1 Complaint, filed by Vision Films, Inc. It is RECOMMENDED that the claims asserted in this case be dismissed for failure to timely effect service of process. Objections to R&R due by 5/19/2014. Signed by Magistrate Judge Norah McCann King on 5/1/2014. (pes1)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION VISION FILMS, INC., Plaintiff, vs. Case No. 2:13-cv-855 Judge Graham Magistrate Judge King JOHN DOES 1-38, Defendants. REPORT AND RECOMMENDATION On December 31, this Court granted plaintiff’s motion for extension of time until April 30, 2014, in which to demonstrate effective service of process. Order, Doc. No. 6. The Court specifically warned that there would be no extension of this date and that the claims against any defendant not served with process by this date would be dismissed. Id. To date, the record does not reflect that service of process has been completed. Accordingly, it is RECOMMENDED that the claims asserted in this case be dismissed for failure to timely effect service of process. See Fed. R. Civ. P. 4(m). 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 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 1 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). May 1, 2014 s/Norah McCann King_______ Norah McCann King United States Magistrate Judge 2

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