Wolfe et al v. The Bank of New York Mellon

Filing 29

REPORT AND RECOMMENDATION re 4 Complaint as to Defendant Casey: The Magistrate Judge RECOMMENDS that the claims against defenndant Casey be dismissed, without prejudice, for failure to timely effect service of process. Objections to R&R due within fourteen days of the date of this Report. Signed by Magistrate Judge Norah McCann King on 1/2/2015. (er1)

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

RICHARD L. WOLFE, et al.,
Plaintiffs,
Civil Action 2:14-cv-366
Judge Marbley
Magistrate Judge King

vs.

THE BANK OF NEW YORK MELLON,
Et al.,
Defendants.
REPORT AND RECOMMENDATION

Plaintiffs have not demonstrated effective service of process on
defendant Casey.
16,

2014,

why

Plaintiffs were ordered to show cause, by October
the

claims

against

defendant

Casey

should

dismissed for failure to effect timely service of process.

not

be

Order, ECF

28 (citing Fed. R. Civ. P. 4(m)). There has been no response to that
Order.
It is therefore RECOMMENDED that the claims against defendant
Casey be dismissed, without prejudice, 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

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 objection to a magistrate judge’s report, which
fails

to

specify

the

issues

of

contention,

does

not

suffice

to

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

s/Norah McCann King_______
Norah McCann King
United States Magistrate Judge
JANUARY 2, 2015