Similien v. Columbus Castings Company

Filing 3

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.)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION BORNO SIMILIEN, Plaintiff, vs. Civil Action 2:14-CV-2752 Judge Graham Magistrate Judge King COLUMBUS CASTINGS COMPANY, Defendant. 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 process. 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). 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)). June 1, 2015 s/Norah McCann King_______ Norah McCann King United States Magistrate Judge

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