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)

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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. ยง 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 Page 2 of 2

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