Opinion
Case No. 2:13-cv-591
07-02-2013
PATRICIA MUNDERLYN, Plaintiff, v. SELINA MILLER, et al., Defendants.
Judge Marbley
Magistrate Judge King
REPORT AND RECOMMENDATION
A Complaint was filed in the name of Patricia Munderlyn against Selina Miller and Shawna Bagley. Doc. No. 1. The $400.00 filing fee was not paid, nor did plaintiff filed an application for leave to proceed in forma pauperis. A hearing to determine if the case should be allowed to proceed was scheduled for July 2, 2013, at 2:00 p.m. Order, Doc. No. 2. Notice of the hearing was provided by certified and regular mail to the individual named as plaintiff at the address provided in the Complaint. Doc. No. 3. That notice was returned to the Court with the notations, "Attempted - Not Known" and "Doesn't Reside Here." Doc. Nos. 6, 7. No appearance was made by Patricia Munderlyn at the hearing on July 2, 2013.
Selina Miller, who is named as a defendant in the Complaint, appeared at the hearing. Ms. Miller expressly denied that she filed the Complaint in the name of Patricia Munderlyn.
The filing fee has not been paid, there has been no request for leave to proceed in forma pauperis, and it does not appear that the claims asserted in this action will be pursued.
It is therefore RECOMMENDED that this action be dismissed.
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 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 of the right to appeal the decision of the District Court adopting the Report and Recommendation. See Thomas v. Arn, 474 U.S. 140 (1985); Smith v. Detroit Fed'n of Teachers, Local 231 etc., 829 F.2d 1370 (6th Cir. 1987); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).
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Norah McCann King
United States Magistrate Judge