Zhang v. Clevenger et al

Filing 52

Opinion & Order signed by Judge James S. Gwin on 11/24/15 adopting the Report and Recommendation of the Magistrate Judge. The Court dismisses the complaint with prejudice. (Related Doc. 50 ) (W,M)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
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YANG ZHANG,
:
:
Plaintiff,
:
:
v.
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:
NICOLE CLEVENGER, et al.
:
:
Defendants.
:
:
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CASE NO. 1:15-CV-0720

OPINION & ORDER
[Resolving Doc Nos. 1, 48]

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
Plaintiff Zhang filed a complaint alleging breach of contract, conversion, and fraud.1/ Now,
Zhang has failed to respond to the court’s Order to Show Cause why this action should not be
dismissed for failure to prosecute.2/ On November 3, 2015,

Magistrate Judge McHargh

recommended that this Court dismiss the action.3/ Neither party has filed an objection to Magistrate
Judge McHargh’s Report and Recommendation (“R&R”).
The Federal Magistrates Act requires a district court to conduct a de novo review only of
those portions of a R&R to which a party has made an objection.4/ Parties must file any objections
to a R&R within fourteen days of service.5/ Failure to object within that time waives a party’s right
to have the Court review the R&R.6/ Absent objection, a district court may adopt the R&R without

1/

Doc.1.

2/

Doc. 48.

3/

Doc. 50.

4/

28 U.S.C. § 636(b)(1)(C).

5/

Fed. R. Civ. P. 72(b)(2); LR 72.3(b).

6/

LR 72.3(b); see Thomas v. Arn, 474 U.S. 140, 145 (1985); United States v. Walters, 638 F.2d 947, 949–50
(6th Cir. 1981).

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Case No. 1:15-CV-0720
Gwin, J.
review.7/
In this case, neither party has objected to the R&R. Moreover, having conducted its own
review of the record, this Court agrees with the conclusions of Magistrate Judge McHargh.
Accordingly, the Court ADOPTS in whole Magistrate Judge McHargh’s Report and
Recommendation and incorporates it fully herein by reference. The Court DISMISSES WITH
PREJUDICE Zhang’s complaint.

IT IS SO ORDERED.

s/
James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE

Dated: November 24, 2015

7/

See Thomas, 474 U.S. at 149.

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