Harrison v. Fender, et al.

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
Kandale L. Harrison,
Plaintiff,
-vs-
Warden Douglas Fender et al.,
Defendants.
Case No. 4:26-cv-00206
JUDGE PAMELA A. BARKER
MAGISTRATE 	JUDGE 	JENNIFER
DOWDELL ARMSTRONG
MEMORANDUM OPINION & ORDER
This matter is before the Court upon the Report and Recommendation of Magistrate Judge
Jennifer Dowdell Armstrong (Doc. No. 30), which recommends that this Court dismiss Plaintiff
Kandale L. Harrison’s (“Plaintiff”) claims against Defendant Douglas Fender (“Mr. Fender”) without
prejudice pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. No objections have been
filed. For the reasons that follow, the Report and Recommendation is ACCEPTED.
I. 	STANDARD OF REVIEW
When objections are made to a Magistrate Judge’s Report and Recommendation, the district
court reviews the case de novo. Federal Rule of Civil Procedure 72(b)(3) provides in pertinent part:
The district judge must determine de novo any part of the magistrate
judge’s disposition that has been properly objected to. 	The district
judge may accept, reject, or modify the recommended disposition;
receive further evidence; or return the matter to the magistrate judge
with instructions.
As stated in the Advisory Committee Notes, “[w]hen no timely objection is filed, the court
need only satisfy itself that there is no clear error on the face of the record in order to accept the
recommendation.” In Thomas v. Arn, 474 U.S. 140, 150 (1985), the Court held, “[i]t does not appear
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that Congress intended to require district court review of a magistrate’s factual or legal conclusions,
under a de novo or any other standard, when neither party objects to those findings.”
II. 	DECISION
This Court, having reviewed the Report and Recommendation and finding no clear error,
accepts the Magistrate Judge’s Report and Recommendation. 	(Doc. No. 30.) 	Thus, this Court
dismisses Plaintiff’s claims against Mr. Fender without prejudice pursuant to Rule 4(m) of the Federal
Rules of Civil Procedure.
IT IS SO ORDERED.
s/Pamela A. Barker
PAMELA A. BARKER
Date: October 8, 2026 	U.S. DISTRICT JUDGE
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