Quinn v. Wright State University

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

EVELYN QUINN,

Plaintiff, Case No. 3:20-cv-57 v. JUDGE DOUGLAS R. COLE Magistrate Judge Ovington WRIGHT STATE UNIVERSITY, et al.,

Defendants.

ORDER This cause comes before the Court on the Magistrate Judge’s June 25, 2020, Report and Recommendation (“R. & R.”) (Doc. 14). The Magistrate Judge recommends that the Court GRANT the Defendants’ Motion to Dismiss (Doc. 7) and ORDER the Clerk to terminate the case. The R. & R. advised both parties that a failure to object within the 14 days specified by the R. & R. may result in forfeiture of rights on appeal, which includes the right to District Court review. (See Doc. 14, #101). See also Thomas v. Arn, 474 U.S. 140, 152 (1985) (“There is no indication that Congress, in enacting § 636(b)(1)(C), intended to require a district judge to review a magistrate’s report to which no objections are filed.”); Berkshire v. Beauvais, 928 F.3d 520, 530 (6th Cir. 2019) (noting “fail[ure] to file an objection to the magistrate judge’s R & R … is forfeiture, not waiver”) (emphasis in original); 28 U.S.C. § 636(b)(1)(C). The time for filing objections has passed and none have been filed. Therefore, the Court ADOPTS the Report and Recommendation, GRANTS the Defendants’ Motion to Dismiss (Doc. 7), and ORDERS the Clerk to terminate the case. SO ORDERED.

July 29, 2020 DATE DOUGLAS R. COLE UNITED STATES DISTRICT JUDGE