Scheibe v. Wayne County et al.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
MARK SCHEIBE,
Plaintiff,
vs.
WAYNE COUNTY, et al.,
Defendants.
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CASE NO. 5:24-cv-00432
JUDGE CHARLES E. FLEMING
MAGISTRATE JUDGE JAMES E.
GRIMES, JR.
OPINION AND ORDER ADOPTING
MAGISTRATE JUDGE’S REPORT
AND RECOMMENDATION
On March 6, 2024, Plaintiff Mark Scheibe (“Plaintiff”) filed a Complaint against
Defendants Wayne County, Sue Smail, in her official capacity as Wayne County Commissioner,
Steven Wolfe, in his official capacity as Wayne County Director of Environmental Services, and
Jarra Underwood, in her official capacity as Wayne County Auditor, for violations of the Equal
Protection Clause related to Plaintiff’s sewer bills and property taxes. (ECF No. 1). 	Plaintiff
amended the complaint on May 28, 2024. (ECF No. 9). On February 5, 2026, Magistrate Judge
James E. Grimes, Jr. filed a Report and Recommendation (‘R&R”), recommending that the Court
dismiss this action, with prejudice, for Plaintiff’s failure to prosecute. (ECF No. 39).
Fed. R. Civ. P. 72(b)(2) provides that the parties may object to an R&R within 14 days
after service. The R&R also gave the parties notice of the 14-day time limit for filing objections.
(Id. at PageID #303). On February 6, 2026, a copy of the R&R was mailed to Plaintiff’s address
of record. As a result, any objections by the parties were due on February 23, 2026. As of the
date of this Order, no objection has been filed.
Case: 5:24-cv-00432-CEF Doc #: 40 Filed: 03/09/26 1 of 2. PageID #: <pageID>

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Under the Federal Magistrates Act, a district court must conduct a de novo review of those
portions of the R&R to which the parties have objected. 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P.
72(b)(3). Absent objection, a district court may adopt the R&R without further review. See Peretz
v. United States, 501 U.S. 923, 939 (1991); Thomas v. Arn, 474 U.S. 140, 141-42, 149–50 (1985).
Accordingly, the Court ADOPTS Magistrate Judge Grimes’s R&R, incorporates it fully
herein by reference, and DISMISSES Plaintiff’s amended complaint WITH PREJUDICE.
IT IS SO ORDERED.
Date: March 9, 2026
____________________________________
CHARLES ESQUE FLEMING
UNITED STATES DISTRICT JUDGE
__________________________
Case: 5:24-cv-00432-CEF Doc #: 40 Filed: 03/09/26 2 of 2. PageID #: <pageID>