Gulfport Energy Corporation v. Koch et al

Filing 5

REPORT AND RECOMMENDATIONS. It is RECOMMENDED that this action be dismissed for failure to effect timely service of process. Objections to R&R due by 8/18/2014. Signed by Magistrate Judge Norah McCann King on 7/31/2014. (pes1)

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

GULFPORT ENERGY CORPORATION,
Plaintiff,
vs.

Civil Action 2:14-cv-282
Judge Watson
Magistrate Judge

JOHN L. KOCH, et al.,
Defendants.

REPORT AND RECOMMENDATION

This case was filed on March 10, 2014 but it does not
appear that service of process has been completed. On July 11,
2014, plaintiff was ordered to show cause, within fourteen days,
why the action should not be dismissed. Order, ECF 4.

Plaintiff

has made no response to that Order.
It is therefore RECOMMENDED that this action be dismissed
for failure to effect timely 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.

28

U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b).

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 the 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 waiver of the right to
appeal the judgment of the District Court.

See, e.g., Pfahler v.

Nat’l Latex Prod. Co., 517 F.3d 816, 829 (6th Cir. 2007) (holding that
“failure

to

constituted

object
a

waiver

to

the

of

[the

magistrate
defendant’s]

judge’s

recommendations

ability

to

appeal

the

district court’s ruling”); United States v. Sullivan, 431 F.3d 976,
984 (6th Cir. 2005) (holding that defendant waived appeal of district
court’s

denial

magistrate

of

judge’s

pretrial
report

motion
and

by

failing

to

recommendation).

timely
Even

object

when

to

timely

objections are filed, appellate review of issues not raised in those
objections is waived.

Robert v. Tesson, 507 F.3d 981, 994 (6th Cir.

2007) (“[A] general objections to a magistrate judge’s report, which
fails

to

specify

the

issues

of

contention,

does

not

suffice

preserve an issue for appeal . . . .”) (citation omitted)).

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

July 31, 2014
Date

2

to