Pullen v. Mohr
Pullen v. Mohr
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION
GARY LEE PULLEN
Plaintiff, Case No. 1:18-cv-386 v. JUDGE DOUGLAS R. COLE Magistrate Judge Litkovitz GARY C. MOHR, et al.,
Defendants.
ORDER This cause comes before the Court on the Magistrate Judge’s May 18, 2020, Report and Recommendation (“R&R”) (Doc. 36). The Magistrate Judge recommends that the Court DISMISS the Plaintiff’s case in its entirety for want of prosecution, lack of service, and failure to obey an order of the Court. The R&R advised both parties that a failure to object within the 14 days specified by the R&R may result in forfeiture of rights on appeal, which includes the right to District Court review. (See Doc. 36, #619). See also Thomas v. Arn,
474 U.S. 140, 152(1985) (“There is no indication that Congress, in enacting § 636(b)(1)(C), intended to require a district judge to review a magistrate’s report to which no objections are filed.”); Berkshire v. Beauvais,
928 F.3d 520, 530(6th Cir. 2019) (noting “fail[ure] to file an objection to the magistrate judge’s R & R … is forfeiture”);
28 U.S.C. § 636(b)(1)(C). The time for filing objections has long since passed. Perhaps not surprisingly in light of the events that have transpired in this case to date, none have been filed. Therefore, the Court ADOPTS the Report and Recommendation (Doc. 36) and DISMISSES the Plaintiffs action in its entirety. The Court DIRECTS the Clerk to enter judgment accordingly. SO ORDERED.
September 21, 2020 □ DATE DOUGLAS R. COLE UNITED STATES DISTRICT JUDGE
Reference
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