Fawcett v. United States of America et al, No. 4:2013cv01828 - Document 52 (N.D. Ohio 2014)

Court Description: Memorandum of Opinion and Order For the reasons set forth herein, the Court adopts Magistrate Judge Kathleen B. Burke's Report and Recommendation in its entirety. ECF NO. 51 . Defendant's motion to dismiss (ECF No. 29 ) is hereby granted. Plaintiff Anthony J. Fawcett's claims against John Doe are also hereby dismissed. Judge Benita Y. Pearson on 11/26/2014. (JLG)

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Fawcett v. United States of America et al Doc. 52 PEARSON, J. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION ANTHONY J. FAWCETT, Plaintiff, v. UNITED STATES OF AMERICA, et al., Defendants. ) ) ) ) ) ) ) ) ) CASE NO. 4:13CV1828 JUDGE BENITA Y. PEARSON MEMORANDUM OF OPINION AND ORDER Before the Court is the Report and Recommendation of Magistrate Kathleen B. Burke recommending that the Court dismiss Plaintiff Anthony J. Fawcett’s Bivens claim against Defendants Michael Hughes (“Hughes”) and John Doe (“Doe”), Drug Enforcement Administration (“DEA”) agents or employees.1 The Federal Magistrates Act requires a district court to conduct a de novo review only of those portions of a Report and Recommendation to which the parties have made an objection. 28 U.S.C. § 636(b)(1)(C). Any further review by this Court would be a duplicative and inefficient use of the Court’s limited resources. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff’d, Thomas 1 Fawcett brought a claim against the United States pursuant to the Federal Tort Claims Act (“FTCA”). The Court previously granted the Motion to Dismiss filed by the United States. See ECF NO. 45 & ECF NO. 48. 1 Dockets.Justia.com (4:13-CV-1828) v. Arn, 474 U.S. 140, 145 (1985); Howard v. Sec’y of Health and Human Services, 932 F.2d 505 (6th Cir. 1991); U.S. v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). Parties must file objections to a Report and Recommendation within fourteen days of service. Id.; Fed. R. Civ. P. 72(b)(2). Failure to object within this time waives a party’s right to appeal the district court’s judgment. Thomas, 474 U.S. at 145. Absent objection, a district court may adopt a magistrate judge’s report without review. See Thomas, 474 U.S. at 149. In the instant case, Plaintiff has not filed objections to the Report and Recommendation. The Court finds that the Report and Recommendation is supported by the record, and agrees with the recommended dismissal. ECF NO. 51. Accordingly, the Court adopts Magistrate Judge Kathleen B. Burke’s Report and Recommendation in its entirety. ECF NO. 51. Defendant’s motion to dismiss is hereby granted. Plaintiff Anthony J. Fawcett’s claims against John Doe are also hereby dismissed. IT IS SO ORDERED. November 26, 2014 Date /s/ Benita Y. Pearson Benita Y. Pearson United States District Judge 2

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