Malibu Media, LLC v. DOE

Filing 14

REPORT AND RECOMMENDATIONS re 5 Amended Complaint filed by Malibu Media, LLC. It is RECOMMENDED that this action be dismissed, without prejudice, for failure to effect service of process. Objections to R&R due by 2/23/2015. Signed by Magistrate Judge Norah McCann King on 2/6/2015. (pes1)

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

MALIBU MEDIA, LLC,
Plaintiff,
vs.

Case No. 2:14-cv-1136
Judge Watson
Magistrate Judge King

JOHN DOE, subscriber assigned
IP address 71.72.116.231,
Defendant.

REPORT AND RECOMMENDATION
On January 6, 2015, plaintiff was granted a second extension of
time, until February 4, 2015, in which to effect service of process on
the defendant. Order, ECF 12. Plaintiff was also advised that, if
service of process was not demonstrated by that date, the action would
be subject to dismissal.

Id.

The docket does not reflect service of

process on defendant.
It is therefore RECOMMENDED that this action be dismissed,
without prejudice, for failure to 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

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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)).

February 6, 2014

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

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