Bair v. Madison Correctional Institutuion et al
Filing
6
ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by Judge Algenon L. Marbley on 9/6/2016. (cw)(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
CARL JAY BAIR, II,
Plaintiff,
v.
MADISON CORRECTIONAL
INSTITUTION, et al.,
Defendants.
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ORDER
Case No. 16-cv-165
JUDGE ALGENON L. MARBLEY
Magistrate Judge Jolson
Before the Court is the Report and Recommendation of the Magistrate Judge as to its July
11, 2016 Order to Show Cause why this matter should not be dismissed without prejudice for
failure to effectuate service in accordance with Federal Rule of Civil Procedure 4(m). (Doc. 3.)
The Report and Recommendation specifically advised parties that “failure to object to the
Report and Recommendation will result in a waiver of the right to have the District Judge review
the Report and Recommendation de novo, and also operates as a waiver of the right to appeal the
decision of the District Court adopting the Report and Recommendation.” (Id. at 2.) The deadline
for timely objection lapsed on August 17, 2016.
The Court hereby ADOPTS the Report and Recommendation based on the independent
consideration of the analysis therein. Accordingly, the Court DISMISSES without prejudice
Plaintiff's complaint pursuant to Fed. R. Civ. P. 4(m).
IT IS SO ORDERED.
Dated: September 6, 2016
s/Algenon L. Marbley
ALGENON L. MARBLEY
UNITED STATES DISTRICT COURT
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