Benitez v. Eitel et al, No. 2:2013cv00328 - Document 35 (S.D. Ohio 2014)
Court Description: OPINION and ORDER adopting 31 the Report and Recommendation; denying 18 Defendants' Motion to Dismiss for Lack of Prosecution. Signed by Judge Michael H. Watson on 2/3/14. (jk1)
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Harold Benitez, Plaintiff, v. Brandon Eitel, eta/., Case No. 13-cv-328 Judge Michael H. Watson Defendants. OPINION AND ORDER Several defendants moved to dismiss Plaintiff's prisoner civil rights case for lack of prosecution and failure to perfect service. Mot. Dismiss, ECF No. 18. The Magistrate Judge recommended the Court deny the defendants' motion. R&R, ECF No. 31. The R&R advised the parties that they may file objections within fourteen days and that failure to file objections would result in a waiver of the right to de novo review of the R&R by the undersigned as well as waiver of the right to appeal the judgment of the District Court. R&R 11, ECF No. 31. The time for filing objections has passed, and none have been filed. Accordingly, the Court ADOPTS the R&R, ECF No. 31, and DENIES the defendants' motion to dismiss, ECF No. 18. The Court GRANTS Plaintiff a Rule 4(m) discretionary extension and retroactively extends the service deadline nine days, until October 9, 2013. IT IS SO ORDERED. ~-Wd&z NfiCHAELH:WASON, JUDGE UNITED STATES DISTRICT COURT
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