Anderson v. Toledo Correctional Center Medical Dept. et al

Filing 54

ORDER granting 51 Motion to Dismiss for Failure to State a Claim; adopting Report and Recommendations re 52 Report and Recommendations.. Signed by Judge James L. Graham on 6/6/2016. (ds)(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
EASTERN DIVISION

BENNIE ANDERSON,
Plaintiff,
vs.

Civil Action 2:15-cv-728
Judge Graham
Magistrate Judge King

TOLEDO CORRECTIONAL CENTER
MEDICAL DEPT., et al.,
Defendants.

ORDER
This is a civil rights action instituted by plaintiff, formerly a
state prisoner.1 On May 16, 2016, the United States Magistrate Judge
recommended that the defendants who had been served with process be
dismissed and that plaintiff be ordered to show cause, by May 31,
2016, why the claims against the remaining defendants should not be
dismissed for failure to timely effect service of process.
Report

and

Recommendation,

ECF

No.

52.

Although

the

Order and

parties

were

advised of their right to object to the recommendation and of the
consequences of their failure to do so, there has been no objection.
The Order and Report and Recommendation, ECF No. 52, is ADOPTED
AND AFFIRMED. The Motion to Dismiss, ECF No. 51, filed on behalf of
those defendants who have been served with process, is GRANTED. The
claims against defendants Gary C. Mohr, Anita Phillips, Daniel J.

1

Plaintiff was apparently released from prison on April 15, 2016. Mail
Returned as Undeliverable, ECF No. 53.

1

Chuba,

Ellen

Venters,

Kathleen

Kovach,

“Ms.

Robertson,”

and

Marie

Monteoffel, M.D., are DISMISSED with prejudice.
Plaintiff has made no response to the order to show cause why he
has

not

effected

service

of

process

on

the

remaining

defendants.

Accordingly, the claims against all remaining defendants are DISMISSED
without prejudice for failure to effect timely service of process.
See Fed. R. Civ. P. 4(m).
The Clerk is DIRECTED to enter FINAL JUDGMENT in this case.

Date: June 6, 2016
______s/James L. Graham________
James L. Graham
United States District Judge

2