Wolfe et al v. The Bank of New York Mellon

Filing 32

ORDER adopting 29 Report and Recommendations. Plaintiffs claims against Defendant Casey are hereby DISMISSED WITHOUT PREJUDICE. The Clerk is directed to enter Judgment in this matter and this case is CLOSED. Signed by Judge Algenon L. Marbley on 3/16/2015. (cw1)

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

RICHARD L. WOLFE, et al.,
Plaintiffs,
v.
THE BANK OF NEW YORK MELLON,
et al.,
Defendants.

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Case No. 2:14-CV-00366
JUDGE ALGENON L. MARBLEY
Magistrate Judge King

OPINION & ORDER
This matter is before the Court on the United States Magistrate Judge’s Report and
Recommendation. (Doc. 29). On January 2, 2015, the Magistrate Judge issued a Report and
Recommendation, recommending that the claims against Defendant Casey be dismissed, without
prejudice, for failure to effect timely service of process under Fed.R.Civ.P. 4(m). The parties
were specifically advised of their right to object to this Report and Recommendation, and of the
consequences of their failure to do so. (Doc. 29 at 1-2). The parties have failed to respond. The
deadline for objections lapsed on January 20, 2014. The Court hereby ADOPTS the Report and
Recommendation based on the independent consideration of the analysis therein. Accordingly,
Plaintiffs’ claims against Defendant Casey are DISMISSED without prejudice.
For the reasons stated above, this Court ADOPTS the Magistrate Judge’s Report and
Recommendation (Doc. 29), therefore Plaintiffs’ claims against Defendant Casey are hereby
DISMISSED WITHOUT PREJUDICE. The Clerk is directed to enter Judgment in this matter
and this case is CLOSED.

IT IS SO ORDERED.

s/ Algenon L. Marbley
ALGENON L. MARBLEY
UNITED STATES DISTRICT JUDGE
DATED: March 16, 2015

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