Taylor v. Erdos

District Court, S.D. Ohio

Taylor v. Erdos

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Antonio Taylor, : : Case No. 1:22-cv-445 Plaintiff, : : Judge Susan J. Dlott v. : : Order Adopting Report and Ron Erdos, et al., : Recommendation and Dismissing Case : Without Prejudice Defendants. :

This matter is before the Court on the Report and Recommendation entered by Magistrate Judge Stephanie K. Bowman on January 17, 2023. (Doc. 6.) The Magistrate Judge recommends dismissing this case for want of prosecution because Plaintiff has failed to pay the filing fee and failed to file an in forma pauperis application. Title

28 U.S.C. § 636

(b)(1)(B) and Federal Rule of Civil Procedure Rule 72(b)(1) authorize magistrate judges to make recommendations concerning dispositive motions that have been referred to them. Parties then have fourteen days to make file and serve specific written objections to the report and recommendations. 18 U.S.C. 636(b)(1); Fed. R. Civ. P. 72(b)(2). If a party files objections to a report and recommendation on a dispositive matter, a district judge must review it under the de novo standard. Baker v. Peterson,

67 F. App’x 308, 310

(6th Cir. 2003). When no objections are filed, “[tJhere is no indication that Congress, in enacting § 636(b)(1)(C), intended to require a district judge to review [the] magistrate’s report.” Thomas v. Arn,

474 U.S. 140, 152

(1985); see also Weir v. Centurion, No. 3:19-CV-00131,

2021 WL 5165930

, at *1 (M.D. Tenn. Nov. 5, 2021) (“The district court is not required to review, under a de novo or any other standard, those aspects of the report and recommendation to which no objection is made.”). Nonetheless, some district courts follow the Advisory Committee Notes to

Rule 72(b) and review the report and recommendation for clear error. See e.g., Roane v. Warden of Corr. Reception Ctr., No. 2:22-CV-2768,

2022 WL 16535903

, at *1 (S.D. Ohio Oct. 28, 2022); Lassiter v. Dullaghan, No. 1:10-CV-010,

2011 WL 110259

, at *1 (S.D. Ohio Jan. 13, 2011). “The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions.” Fed. R. Civ. P. 72(b)(3); see also

28 U.S.C. § 636

(b)(1) (substantially similar). Plaintiff here did not file objections to the Report and Recommendation. The Court finds no clear error and agrees with the well-reasoned Report and Recommendation. For this reason, the Report and Recommendation (Doc. 6) is ADOPTED and the case is DISMISSED WITHOUT PREJUDICE. The Court certifies pursuant to

28 U.S.C. § 1915

(a)(3) that an appeal of this Order would not be taken in good faith. IT IS SO ORDERED. BY THE COURT:

Susan J. Dlott United States District Judge

Reference

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