Opinion
Case No. 1:14-cv-643
02-11-2015
ESTATE OF ERIC V. GERMAN, et al., Plaintiffs, v. WARDEN, WARREN CORRECTIONAL INSTITUTION, et al., Defendants.
Beckwith, J.
REPORT AND RECOMMENDATION
The Court previously entered a Show Cause Order in this civil action, advising Plaintiffs that their complaint would be dismissed due to the failure to effect timely service of process of the summons and complaint. (See Doc. 2) (citing Osborne v. First Union Nat'l Bank, 217 F.R.D. 405, 408 (S.D. Ohio 2003); United States v. Gluklick, 801 F.2d 834, 837 (6th Cir. 1986), cert. denied, 480 U.S. 919 (1987)).
Because the time deadline set forth in the Show Cause Order has now passed without plaintiff having timely effected service of process of the summons and complaint and/or filed any responsive pleading to the Show Cause Order, the undersigned RECOMMENDS that plaintiff's complaint be DISMISSED for failure of service of process and that this case be CLOSED
s/ Stephanie K. Bowman
Stephanie K. Bowman
United States Magistrate Judge
NOTICE
Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written objections to this Report & Recommendation ("R&R") within FOURTEEN (14) DAYS after being served with a copy thereof. That period may be extended further by the Court on timely motion by either side for an extension of time. All objections shall specify the portion(s) of the R&R objected to, and shall be accompanied by a memorandum of law in support of the objections. A party shall respond to an opponent's objections within FOURTEEN DAYS after being served with a copy of those objections. Failure to make objections in accordance with this procedure may forfeit rights on appeal. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).