Goins v. Burlington Coat Factory, No. 1:2019cv00390 - Document 18 (S.D. Ohio 2020)

Court Description: DECISION AND ENTRY adopting Report and Recommendations re 15 Report and Recommendations. Signed by Judge Timothy S. Black on 8/28/2020. (rrs)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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Goins v. Burlington Coat Factory Doc. 18 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION ROSEMARY GOINS, Plaintiff, vs. BURLINGTON COAT FACTORY, Defendant. : : : : : : : : : Case No. 1:19-cv-390 Judge Timothy S. Black Magistrate Judge Stephanie K. Bowman DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 15) AND TERMINATING THIS CASE IN THIS COURT This case is before the Court pursuant to the Order of General Reference to United States Magistrate Judge Stephanie K. Bowman. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and, on February 25, 2020, submitted a Report and Recommendation. (Doc. 15). Plaintiff Rosemary Goins filed timely objections on March 10, 2020. (Doc. 16). Defendant Burlington Coat Factory filed a response to Plaintiff’s objections on March 16, 2020. (Doc. 17). Plaintiff’s objections are not well-taken. The Report and Recommendation correctly finds that Plaintiff failed to achieve timely service on Defendant and that the Complaint (Doc. 3) fails to state any claim upon which relief can be granted. (Doc. 15 at 2–4). Plaintiff, in her objections, does not identify any errors in the Report and Recommendation’s analysis, but simply disagrees with the Magistrate Judge’s finding that the case should be dismissed. (Doc. 16 at 1). The Court agrees with the Magistrate Dockets.Justia.com Judge’s analysis and recommendation that this case be dismissed. As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that Plaintiff’s objections (Doc. 16) should be and are hereby OVERRULED, and the Court does determine that the Report and Recommendation (Doc. 15) should be and is hereby ADOPTED in its entirety. Accordingly, for the reasons stated above: 1) Plaintiff’s motion for default judgment (Doc. 11) is DENIED. 2) Pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1), Plaintiff’s complaint (Doc. 3) is DISMISSED without prejudice for a failure to achieve timely service and failure to state any claim as a matter of law. 3) The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of this Order would not be taken in good faith and therefore Plaintiff is denied leave to appeal in forma pauperis in the Court of Appeals. 4) The Clerk shall enter judgment accordingly, whereupon this case is TERMINATED from the docket of this Court. IT IS SO ORDERED. Date: 8/28/2020 /s/ Timothy S. Black Timothy S. Black United States District Judge 2

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