Similien v. Columbus Castings Company
REPORT AND RECOMMENDATIONS re 1 Complaint filed by Borno Similien. It is RECOMMENDED that the action be dismissed for failure to effect timely service of process. Objections to R&R due by 6/18/2015. Signed by Magistrate Judge Norah McCann King on 6/1/2015. (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
Civil Action 2:14-CV-2752
Magistrate Judge King
COLUMBUS CASTINGS COMPANY,
REPORT AND RECOMMENDATION
This case was filed on December 29, 2014. Complaint, ECF 1.
Plaintiff, who is proceeding without the assistance of counsel, was
ordered to show cause, by May 13, 2015, why the claims asserted in the
case should not be dismissed for failure to timely effect service of
See Fed. R. Civ. P. 4(m). Order, ECF 2. Plaintiff has made
no response to that order.
It is therefore RECOMMENDED that the action be dismissed, without
prejudice, for failure to effect timely service of process.
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).
Response to objections
must be filed within fourteen (14) days after being served with a copy
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
district court’s ruling”); United States v. Sullivan, 431 F.3d 976,
984 (6th Cir. 2005) (holding that defendant waived appeal of district
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
preserve an issue for appeal . . . .”) (citation omitted)).
June 1, 2015
s/Norah McCann King_______
Norah McCann King
United States Magistrate Judge
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