Canders v. Franklin County Department of Job and Family Services et al

Filing 8

ORDER: ADOPTING Report and Recommendations 6 . Plaintiff's claims against Defendants are DISMISSED. Finding as moot 1 Motion for Leave to Proceed in forma pauperis; and finding as moot 3 Report and Recommendations. Signed by Judge Algenon L. Marbley on April 13, 2018. (jlk) (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
TIJUANA LAVERN CANDERS,
Plaintiff,
v.
FRANKLIN COUNTY DEPARTMENT
OF JOB AND FAMILY SERVICES, et al.,
Defendants.

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Case No. 2:17-cv-867
JUDGE ALGENON L. MARBLEY
Magistrate Judge Deavers

ORDER
This matter comes before the Court on the Magistrate Judge’s February 26, 2018 Report
and Recommendation (ECF No. 6), which recommended that the Court dismiss Plaintiff’s claims
against Defendants without prejudice. On January 9, 2018, the Magistrate Judge issued a Report
and Recommendation (ECF No. 3) recommending that Plaintiff’s Motion for Leave to Proceed
In Forma Pauperis (ECF No. 1) be denied. The Report and Recommendation was returned as
undeliverable. (ECF No. 4). The Magistrate Judge then issued an Order to Show Cause (ECF
No. 5) directing Plaintiff to provide the Court with confirmation of her most recent address
within 21 days. She failed to do so. Thus, the Magistrate Judge issued the instant Report and
Recommendation recommending dismissal without prejudice (ECF No. 6).
The Report and Recommendation specifically advised the parties that the failure to object
results 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. (ECF No. 6 at 2). The parties have failed to file any
objections, and the deadline for objections (March 12, 2018) has lapsed.

The Court hereby ADOPTS the Report and Recommendation (ECF No. 6) based on the
independent consideration of the analysis therein. Plaintiff’s claims against Defendants are
hereby DISMISSED WITHOUT PREJUDICE. Plaintiff’s Motion for Leave to Proceed In
Forma Pauperis (ECF No. 1) and the Magistrate Judge’s subsequent Report and
Recommendation (ECF No. 3) are hereby MOOT.
IT IS SO ORDERED.
s/ Algenon L. Marbley
ALGENON L. MARBLEY
UNITED STATES DISTRICT JUDGE
DATED: April 13, 2018

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