Wolfe v. Hocking County Sheriff's Department et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
ROBERT L. WOLFE, 	:
:
Plaintiff, 	: 	Case No. 2:24-cv-535
:
v. 	: 	Judge Algenon L. Marbley
:
HOCKING COUNTY SHERIFF’S 	: 	Magistrate Judge Kimberly A. Jolson
DEPARTMENT, et al., 	:
:
Defendants. 	:
OPINION & ORDER
On August 13, 2025, the Magistrate Judge issued a Report and Recommendation in this
matter, recommending that this Court grant Plaintiff Robert L. Wolfe’s “voluntary” Motion to
Dismiss (ECF No. 66) and dismiss this case without prejudice. 	(ECF No. 69 at 1). 	At the
Magistrate Judge’s direction, Defendants jointly responded that they did not oppose dismissal.
(ECF No. 68 at 1). 	Though there is some suggestion in Mr. Wolfe’s Motion that his requested
dismissal is under duress—or as he puts it, “vi coactus”—Mr. Wolfe has proffered readily
cognizable reasons for his dismissal without prejudice: 	his advanced age, his health, his “nigh
indigent” status, and his lack of counsel. (ECF No. 66 at 1–2) (indicating that he would “not be
questioned” during a deposition “without a referee” or “representative[]”). Moreover, Mr. Wolfe
has not objected to the Magistrate Judge’s characterization of his dismissal as “voluntary.” (ECF
No. 69 at 1).
All parties were specifically advised of their rights to object to the Report and
Recommendation within fourteen days of its issuance, and of the consequences of their failure to
do so. No such objection has been filed. Since neither party has objected, and the deadline for
such objections elapsed on August 27, 2025, this Court ACCEPTS the Magistrate Judge’s well-
Case: 2:24-cv-00535-ALM-KAJ Doc #: 70 Filed: 02/13/26 Page: 1 of 2 PAGEID #: <pageID>

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reasoned Report and Recommendation in its entirety. This case is hereby DISMISSED without
prejudice. The Clerk of Court is DIRECTED to close the case.
IT IS SO ORDERED.
ALGENON L. MARBLEY
UNITED STATES DISTRICT JUDGE
DATED: February 13, 2026
Case: 2:24-cv-00535-ALM-KAJ Doc #: 70 Filed: 02/13/26 Page: 2 of 2 PAGEID #: <pageID>