Opinion

DOE v. Cardington-Lincoln Local School District Board of Education

Court
District Court, S.D. Ohio
Filed
Dec 6, 2022
Cited by
0 cases
Authority
More cited than 28.3%

“[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 . . . .”

How later courts described this case

  • “[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 . . . .”
  • 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”
  • 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

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

JANE DOE,

Plaintiff,

Case No. 2:22-cv-3150

v. Judge Michael H. Watson

Magistrate Judge Elizabeth P. Deavers

CARDINGTON-LINCOLN BOARD

OF EDUCATION, et al.,

Defendants.

REPORT AND RECOMMENDATION

Plaintiff filed this action on August 17, 2022. (ECF No. 1.) On November 16, 2022,

Plaintiff was ordered to show cause within fourteen days why this action should not be dismissed

and why an extension of time to effect service should be allowed. (ECF No. 5.) To date,

Plaintiff has not responded to the Court’s Show Cause Order. It is therefore RECOMMENDED

that Plaintiff’s claims be DISMISSED WITHOUT PREJUDICE pursuant to Rule 4(m) for

failure to timely effect service of process.

PROCEDURE ON OBJECTIONS

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 in

question, as well as the basis for objection. 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.

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=/ 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)).#

/s/ Elizabeth A, Preston Deavers

DATED: December 6, 2022 ELIZABETH A. PRESTON DEAVERS

UNITED STATES MAGISTRATE JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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