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WOLFE v. THE BANK OF NEW YORK MELLON, 2:14-cv-366. (2015)

Court: District Court, S.D. Ohio Number: infdco20150106d46 Visitors: 20
Filed: Jan. 02, 2015
Latest Update: Jan. 02, 2015
Summary: REPORT AND RECOMMENDATION NORAH McCANN KING, Magistrate Judge. Plaintiffs have not demonstrated effective service of process on defendant Casey. Plaintiffs were ordered to show cause, by October 16, 2014, why the claims against defendant Casey should not be dismissed for failure to effect timely service of process. Order, ECF 28 (citing Fed. R. Civ. P. 4(m)). There has been no response to that Order. It is therefore RECOMMENDED that the claims against defendant Casey be dismissed, with
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REPORT AND RECOMMENDATION

NORAH McCANN KING, Magistrate Judge.

Plaintiffs have not demonstrated effective service of process on defendant Casey. Plaintiffs were ordered to show cause, by October 16, 2014, why the claims against defendant Casey should not be dismissed for failure to effect timely service of process. Order, ECF 28 (citing Fed. R. Civ. P. 4(m)). There has been no response to that Order.

It is therefore RECOMMENDED that the claims against defendant Casey be dismissed, without prejudice, for failure to timely effect service of process. See Fed. R. Civ. P. 4(m).

If any party seeks review by the District Judge of this Report and Recommendation, that party may, within fourteen (14) days, file and serve on all parties objections to the Report and Recommendation, specifically designating this Report and Recommendation, and the part thereof in question, as well as the basis for objection thereto. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). Response to objections must be filed within fourteen (14) days after being served with a copy thereof. Fed. R. Civ. P. 72(b).

The parties are specifically advised that the failure to object to the Report and Recommendation will result in a waiver of the right to de novo review by the District Judge and waiver of the right to appeal the judgment of the District Court. See, e.g., Pfahler v. Nat'l Latex Prod. Co., 517 F.3d 816, 829 (6th Cir. 2007) (holding that "failure to object to the magistrate judge's recommendations constituted a waiver of [the defendant's] ability to appeal the district court's ruling"); United States v. Sullivan, 431 F.3d 976, 984 (6th Cir. 2005) (holding that defendant waived appeal of district court's denial of pretrial motion by failing to timely object to magistrate judge's report and recommendation). Even when timely objections are filed, appellate review of issues not raised in those objections is waived. Robert v. Tesson, 507 F.3d 981, 994 (6th Cir. 2007) ("[A] general objection to a magistrate judge's report, which fails to specify the issues of contention, does not suffice to preserve an issue for appeal. . . .") (citation omitted)).

Source:  Leagle

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