McQueen v. Fisher et al
REPORT AND RECOMMENDATIONS: It is RECOMMENDED that the this action be DISMISSED WITHOUT PREJUDICE against Defendant Einloth pursuant to Rule 4(m) for failure to timely effect service of process. Objections to R&R due by 11/20/2017. Signed by Magistrate Judge Chelsey M. Vascura on 11/6/2017. (jlk)(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
Civil Action 2:16-cv-344
Judge George C. Smith
Magistrate Judge Chelsey M. Vascura
LYNN FISHER, et al.,
REPORT AND RECOMMENDATION
Plaintiff, who is proceeding without the assistance of counsel, filed his initial Complaint on
April 18, 2016, and an Amended Complaint on December 12, 2016. (ECF Nos. 1 & 6.). On
October 10, 2017, the Court ordered Plaintiff to show cause as to why this action should not be
dismissed against Defendant Einloth without prejudice for failure to timely effect service pursuant
to Federal Rule of Civil Procedure 4(m). (ECF No. 25.)
To date, Plaintiff has failed to respond to the Court’s Show Cause Order. It is therefore
RECOMMENDED that the this action be DISMISSED WITHOUT PREJUDICE against
Defendant Einloth pursuant to Rule 4(m) for failure to timely effect service of process.
PROCEDURE ON OBJECTIONS
If any party objects to this Report and Recommendation, that party may, within fourteen
(14) days of the date of this Report, file and serve on all parties written objections to those specific
proposed findings or recommendations to which objection is made, together with supporting
authority for the objection(s). A Judge of this Court shall make a de novo determination of those
portions of the Report or specified proposed findings or recommendations to which objection is
made. Upon proper objections, a Judge of this Court may accept, reject, or modify, in whole or in
part, the findings or recommendations made herein, may receive further evidence or may
recommit this matter to the Magistrate Judge with instructions. 28 U.S.C. § 636(b)(1).
The parties are specifically advised 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. See Thomas v. Arn, 474 U.S. 140
(1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).
/s/ Chelsey M. Vascura
CHELSEY M. VASCURA
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?