United States of America v. $50,000.00 In U.S. Currency, No. 3:2023cv00733 - Document 14 (N.D. Ohio 2023)

Court Description: Memorandum Opinion and Order: The Court ADOPTS Judge Clay's 13 Report and Recommendation as the Order of this Court, and DENIES Claimants' 9 Motion to Dismiss as set forth therein. This matter remains referred to Judge Clay for further proceedings pursuant to Local Civil Rule 72.2. Judge James R. Knepp II on 8/21/2023. (B,JL)

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United States of America v. $50,000.00 In U.S. Currency Doc. 14 Case: 3:23-cv-00733-JRK Doc #: 14 Filed: 08/21/23 1 of 2. PageID #: 78 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION UNITED STATES OF AMERICA, CASE NO. 3:23 CV 733 Plaintiff, v. JUDGE JAMES R. KNEPP II $50,000 IN U.S. CURRENCY, Defendant. MEMORANDUM OPINION AND ORDER Claimants Jennifer Frost and Tyrone Hamilton seek to dismiss the Government’s Complaint in Forfeiture for failure to state a claim upon which relief can be granted. (Doc. 9). The Government opposes (Doc. 12) and Claimants did not file a reply. This case was referred to Magistrate Judge Darrell A. Clay under Local Civil Rule 72.2. Judge Clay issued a Report and Recommendation recommending this Court deny the Motion to Dismiss. (Doc. 13). Under the relevant statute: Within fourteen days of being served with a copy [of a Magistrate Judge’s R&R], any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. 28 U.S.C. § 636(b)(1); see also Local Civil Rule 72.3(b). The failure to file timely written objections to a Magistrate Judge’s R&R constitutes a waiver of de novo review by the district court of any issues covered in the R&R. Thomas v. Arn, 728 F.2d 813, 814-15 (6th Cir. 1984); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). Dockets.Justia.com Case: 3:23-cv-00733-JRK Doc #: 14 Filed: 08/21/23 2 of 2. PageID #: 79 In this case, the R&R was issued on July 28, 2023; it specified that objections were due fourteen days thereafter. (Doc. 13). Claimants have neither filed objections nor requested an extension of time to file them. Despite the lack of objections, the Court has reviewed Judge Clay’s R&R and agrees with the findings and recommendation therein. Therefore, the Court ADOPTS Judge Clay’s R&R (Doc. 13) as the Order of this Court, and DENIES Claimants’ Motion to Dismiss (Doc. 9) as set forth therein. This matter remains referred to Judge Clay for further proceedings pursuant to Local Civil Rule 72.2. IT IS SO ORDERED. s/ James R. Knepp II UNITED STATES DISTRICT JUDGE 2

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