Burse et al v. Jenkins et al

Filing 19

ORDER adopting 14 the Report and Recommendation. Signed by Judge Michael H. Watson on 2/9/16. (jk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

Perrin Burse, et a/.,
Plaintiffs,
v.

Case No. 2:15-cv-2992

Charlotte Jenkins, et a/.,

Judge Michael H. Watson

Defendants.

ORDER

On January 15,2016, Magistrate Judge King issued a report and
recommendation ("R&R") regarding the initial screen of Plaintiffs' complaint

pursuant to 28 U.S.C. §§ 1915(e), 1915A. R&R, ECF No. 14. Magistrate Judge
King recommended that the claims asserted on behalf of Plaintiffs Burse
Investment Group, Inc. and Burse Fund I be dismissed, that the claim against
Defendant "Post Master General U.S. Postal Service" be dismissed, and that all

state law claims be dismissed without prejudice to renewal should the Ohio Court
of Claims determine that the state employees are not entitled to immunity under
Ohio Revised Code § 9.86. Id. at 5.

Magistrate Judge King notified the parties of their right to file objections to
the R&R pursuant to 28 U.S.C. § 636(b)(1). Id. She also specifically advised the

parties that the failure to object to the R&R within fourteen days would result in a
waiver of both the right to de novo review by the District Judge and the right to

appeal the decision of the District Court adopting the R&R. Id. at 5-6.

The deadline for filing such objections has passed, and no objections were
filed. Having received no objections, the R&R is ADOPTED. The claims

asserted on behalf of Plaintiffs Burse Investment Group, Inc. and Burse Fund I
are dismissed, the claim against Defendant "Post Master General U.S. Postal

Service" is dismissed, and all state law claims are dismissed without prejudice to
renewal should the Ohio Court of Claims determine that the state employees are
not entitled to immunity under Ohio Revised Code § 9.86.
IT IS SO ORDERED.

-UM^y^\
MICHAEL H. WATSON, JUDGE
UNITED STATES DISTRICT COURT

Case No. 2:15-cv-2992

Page 2 of 2