Howard v. Norwest Mortgage, Inc et al

Filing 3

REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Complaint herein be dismissed without prejudice for want of prosecution. Objections to R&R due by 11/30/2009. Signed by Magistrate Judge Michael R Merz on 11/11/2009. (kpf1)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON CORBIN JUSTIN HOWARD I, , Plaintiff, -vsNORWEST MORTGAGE, INC., et al., Defendants. : Case No. 3:09-cv-355 District Judge Walter Herbert Rice Magistrate Judge Michael R. Merz : REPORT AND RECOMMENDATIONS This case was filed September 14, 2009. The next day, having completed review under 28 k U.S.C. 1915, the Magistrate Judge ordered the Cler to notify Plaintiff that he had not signed the e Complaint nor furnished the necessary f rms to effect service of process. The Clerk did so the sam o day, but Plaintiff has failed to file a signed complaint nor has he obtained the issuance of process or furnished Marshal Form 185's for service of process. It is accordingly respectfully recom ended that the Complaint herein be dismissed without m prejudice for want of prosecution. November 11, 2009. s/ Michael R. Merz United States Magistrate Judge 1 NOTICE REGARDING OBJECTIONS Pursuant to Fed. R. Civ. P. 72(b), any party may serve and f ile specific, written objections to the proposed findings and recommendations within ten days after being served with this Report and Recommendations. Pursuant to Fe d. R. Civ. P. 6(e), this period is automatically extended to thirteen days (excluding intervening Saturdays, Sundays, and legal holidays) because this Report is being served by one of the mthods of service listed in Fed. R.Civ. P. 5(b)(2)(B), (C), e or (D) and m y be extended further by the Court timely motion for an extension. Such objections a on shall specify the portions of the Report objectedto and shall be accompanied by a memorandum of law in support of the objections. If the Report a d Recommendations are based in whole or in part n upon matters occurring of record at an oral hearing, the objecting party shall promptly arrange for the transcription of the record, or such portionsof it as all parties m y agree upon or the Magistrate a Judge deems sufficient, unless the assigned District Judge otherwise directs. A party m y respond a to another party's objections within ten days afterbeing served with a copy thereof. Failure to mke a objections in accordance with this pr ocedure may forfeit rights on appeal. See United States v. Walters, 638 F. 2d 947 (6th Cir., 1981); Thomas v. Arn, 474 U.S. 140, 106 S. Ct. 466, 88 L. Ed. 2d 435 (1985). 2

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