Wolfe v. Albrecht et al

Filing 48

ORDER adopting #46 the Report and Recommendation. Signed by Judge Michael H. Watson on 12/19/16. (jk)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

Michael Wolfe,
Plaintiff,

Case No. 2:15-cv-2773

V.

Judge Michael H. Watson
Magistrate Judge Jolson

Richard Albrecht, et at.,
Defendants.
ORDER

This matter is before the Court for consideration of Magistrate Judge

Jolson's Report and Recommendation ("R&R") dated October 4, 2016. EOF No.

46. In the R&R, Magistrate Judge Jolson recommended that the Court remand
this action to the Franklin County Court of Common Pleas because the additional
defendants added in Plaintiffs amended complaint destroyed diversity and

therefore deprived this Court of subject matter Jurisdiction. See id. at 3 (citing 28
U.S.C.A. § 1447(c)).

The R&R advised the parties that any party may object to Magistrate

Judge Jolson's recommendation within fourteen days of the date on which the
R&R was filed. Id. at 3. The R&R specifically advised the parties that the

"[fjailure to object to the [R&R] will result In a waiver of the rightto have the
districtJudge review the [R&R] de novo, and also operates as a waiver of the
right to appeal the decision of the District Court adopting the [R&R]." Id. at 4

(citing Thomas v. Am, 474 U.S. 140,152-53 (1985)).

More than fourteen days have elapsed since the date of the R&R. Neither

party has objected. As such, the Court hereby ADOPTS the R&R and
REMANDS this case to the Franklin County Court of Common Pleas.
IT IS SO ORDERED.

MICHAEL H. WATSON, JUDGE
UNITED STATES DISTRICT COURT

Case No. 2:15-cv-2773

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