GREEN v. PALEY et al

Filing 13

ORDER adopting Report and Recommendations re 11 Report and Recommendations. Signed by Judge James L. Graham on 9/24/24. (ds)(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
MICHAEL S. GREEN,
v.

Case No. 2:24-cv-3459

Plaintiff,

Judge James L. Graham

EILEEN PALEY, et al.,

Magistrate Judge Elizabeth Preston
Deavers

Defendants.

ORDER
This matter is before the Court for consideration of the August 21, 2024 Report and
Recommendation of Magistrate Judge Deavers. Magistrate Judge Deavers recommended that
Plaintiff’s federal claims pursuant to 28 U.S.C. §1915A(b)(1) for failure to state a claim upon
which relief may be granted be dismissed without prejudice. (ECF No. 11 at 14). Magistrate Judge
Deavers further recommended that the Court dismiss Plaintiff’s remaining state law claims and
decline to exercise supplemental jurisdiction over these claims (Id.).
The Report and Recommendation specifically advised the parties that failure to object to
the Report and Recommendation within fourteen (14) days “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.” (ECF No. 11 at 14-15). The deadline for filing objections to the Report and
Recommendation has since expired, and no party has objected to the Report and Recommendation.
The Court agrees with Magistrate Judge Deavers’s Report and Recommendation (ECF No.
11), and it is hereby ADOPTED. Plaintiff’s Complaint (ECF No. 1) is hereby DISMISSED
WITHOUT PREJUDICE.

IT IS SO ORDERED.
/s/ James L. Graham
JAMES L. GRAHAM
United States District Judge

DATE: September 24, 2024
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