“[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