Cooper v. Sheriff's Office et al

Filing 19

REPORT AND RECOMMENDATION1 THAT (1) THE ENTRY OF JUDGMENT (DOC. 17 ) BE RESCINDENED; AND (2) THIS CASE BE RE-OPENED Objections to R&R due by 4/18/2014. Signed by Magistrate Judge Michael J Newman on 04/01/14. (pb1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
DAVID O. COOPER,
Plaintiff,

Case No.: 3:13-cv-272

vs.
MONTGOMERY COUNTY, OHIO
SHERIFF’S DEPARTMENT, et al.,

District Judge Walter H. Rice
Magistrate Judge Michael J. Newman

Defendants.
REPORT AND RECOMMENDATION1 THAT (1) THE ENTRY OF JUDGMENT
(DOC. 17) BE RESCINDENED; AND (2) THIS CASE BE RE-OPENED
This is a pro se case which the Court dismissed on February 26, 2014 for Plaintiff’s lack
of prosecution. See doc. 16. No appeal was taken of that Order, and the time for doing so has
since passed.
Plaintiff is incarcerated, and he failed to prosecute this case or respond to the Court’s
Show Cause Orders. See docs. 2, 4, 9, 11, 14. The Court is now in receipt of Plaintiff’s notice,
dated March 12, 2014, in which he clarifies his address is the medical facility at the Orient
Correctional Reception Center. See doc. 18. In that notice, he states, “[I am] unsure if [my] mail
is getting to the Court[] . . . .” Id. at PageID 49. He adds, “I sent a notice of clarification of
address” and “I’ve not heard anything from the Court since Oct.-Nov. 2013 . . . .” Id. at PageID
51.
Acting in an abundance of caution, and in the interest of justice, the Court finds good
cause exists to assume Plaintiff did attempt to respond to the Court’s prior Show Cause Orders,

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Attached hereto is a NOTICE to the parties regarding objections to this Report and
Recommendation.

but that his mail was somehow lost or misplaced -- perhaps on account of his prison transfer to a
medical facility.
Plaintiff advises the Court that his new address is: P.O. Box 300 Orient, Ohio 43146.
The Court thus RECOMMENDS that the Entry of Judgment be rescinded and the Clerk
of Courts be ordered to re-open this case.
The Court notes that Plaintiff has yet to file his USM 285 forms and his civil cover sheet.
The Clerk of Courts shall mail those forms to pro se Plaintiff along with this Report and
Recommendation. Plaintiff shall promptly submit those forms to the Clerk.
April 1, 2014.

s/ Michael J. Newman
United States Magistrate Judge

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NOTICE REGARDING OBJECTIONS
Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written
objections to the proposed findings and recommendations within FOURTEEN days after being
served with this Report and Recommendation. Pursuant to Fed. R. Civ. P. 6(d), this period is
extended to SEVENTEEN days because this Report and Recommendation is being served by
one of the methods of service listed in Fed. R. Civ. P. 5(b)(2)(C), (D), (E), or (F), and may be
extended further by the Court on timely motion for an extension. Such objections shall specify
the portions of the Report and Recommendation objected to, and shall be accompanied by a
memorandum of law in support of the objections. If the Report and Recommendation is based in
whole or in part upon matters occurring of record at an oral hearing, the objecting party shall
promptly arrange for the transcription of the record, or such portions of it as all parties may agree
upon or the Magistrate Judge deems sufficient, unless the assigned District Judge otherwise
directs. A party may respond to another party’s objections within FOURTEEN days after being
served with a copy thereof.

As is made clear above, this period is likewise extended to

SEVENTEEN days if service of the objections is made pursuant to Fed. R. Civ. P. 5(b)(2)(C),
(D), (E), or (F). Failure to make objections in accordance with this procedure may forfeit rights
on appeal. See Thomas v. Arn, 474 U.S. 140, 153-55 (1985); United States v. Walters, 638 F.2d
947, 949-50 (6th Cir. 1981).

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