Sweeting v. Noble Correctional Institution et al

Filing 40

REPORT AND RECOMMENDATIONS re 1 Complaint filed by Deion L. Sweeting. It is RECOMMENDED that this action be dismissed for failure to prosecute. Objections to R&R due by 8/17/2015. Signed by Magistrate Judge Norah McCann King on 7/30/2015. (pes)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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

DEION L. SWEETING,
Plaintiff,
vs.

Civil Action 2:13-cv-941
Judge Graham
Magistrate Judge King

NOBLE CORRECTIONAL INSTITUTION,
et al.,
Defendants.

REPORT AND RECOMMENDATION
On July 16, 2015, the Court ordered plaintiff to indicate, no
later than July 29, 2015, whether he intends to pursue this action
and, if so, whether he intends to renew his motion to file an amended
complaint.

Order, ECF 38.

The Court directed the Clerk to send a

copy of that Order to plaintiff at the address reflected on this
Court’s docket (Noble Correctional Institution) and at the address
reflected on the docket of the Court of Appeals.
plaintiff’s address in Cincinnati, Ohio).

Id. (listing

While the letter addressed

to plaintiff at Noble Correctional Institution was returned to the
Court on July 29, 2015 with the notation “Released 5-16-14[,]” ECF 39,
p. 1, the letter addressed to plaintiff at the other address has not
been returned.

Nevertheless, plaintiff, who has been released from

incarceration, has not responded to this Court’s Order, ECF 38.
Under these circumstances, it appears that plaintiff has
abandoned the prosecution of this case.

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It is therefore RECOMMENDED

that this action be dismissed for failure to prosecute.
The Clerk shall send a copy of this Report and Recommendation to
plaintiff at the address reflected on this Court’s docket and at the
address reflected on the docket of the Court of Appeals:
Deion L. Sweeting
2343 May Street
Cincinnati, OH 45206
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).

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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).

July 30, 2015

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

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