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Aaron D. Younker v. Ohio State University Medical

October 26, 2011

AARON D. YOUNKER, PLAINTIFF,
v.
OHIO STATE UNIVERSITY MEDICAL CENTER, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Judge Gregory L. Frost

Magistrate Judge E.A. Preston Deavers

ORDER

This matter is before the Court for consideration of the September 29, 2011 Order and Report and Recommendation of the Magistrate Judge. (ECF No. 6.) Pursuant to an initial screen of Plaintiff's Complaint the Magistrate Judge recommended that the Court dismiss Plaintiff's claims against Defendants The Ohio State University Medical Center, Paul R. Beery, and the Manufacturer of the Porietex ProGrip Mesh without prejudice.*fn1

The Order and Report and Recommendation of the Magistrate Judge specifically advised the parties that failure to object to the Report and Recommendation within fourteen days results in a "waiver of the right to de novo review by the District Judge and waiver of the right to appeal the judgment of the District Court." (Order & Report & Recommendation 7, ECF No. 6.) The time period for filing objections to the Report and Recommendation has expired. No party has objected to the Report and Recommendation.

The Court reviewed the Report and Recommendation of United States Magistrate Judge Elizabeth A. Preston Deavers to whom this case was referred pursuant to 28 U.S.C. § 636(b). Noting that no objections have been filed and that the time for filing such objections has expired, the Court ADOPTS the Report and Recommendation of the Magistrate Judge. Accordingly, Plaintiff's claims against Defendants The Ohio State University Medical Center, Paul R. Beery, and the Manufacturer of the Porietex ProGrip Mesh are DISMISSED without prejudice. The Clerk is DIRECTED to terminate these Defendants from this action.

IT IS SO ORDERED.

GREGORY L. FROST UNITED STATES ...


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