Wingate v. Wal-Mart Stores, Inc. et al
Order Adopting Report and Recommendation re 26 and Order of Case Dismissal. Judge Christopher A. Boyko on 4/4/2017. (R,D)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
WAL-MART STORES, INC., et al.,
CASE NO. 1:16CV1785
JUDGE CHRISTOPHER A. BOYKO
This Court has reviewed the Report and Recommendation (Doc.# 26 ) of
Magistrate Judge Jonathon D. Greenberg regarding Defendants’ Oral Motion to Dismiss
with Prejudice for Failure to Prosecute.
FED. R. CIV.P. 72(b) provides that objections to a Report and Recommendation
must be filed within fourteen days after service, but Plaintiff has failed to timely file any
such objections. Therefore, the Court must assume that Plaintiff is satisfied with the
Magistrate Judge’s recommendation. Any further review by this Court would be a
duplicative and inefficient use of the Court’s limited resources. Thomas v. Arn, 728
F.2d 813 (6th Cir. 1984), aff’d, 474 U.S. 140 (1985); Howard v. Secretary of Health and
Human Services, 932 F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947
Therefore, the Court adopts in full the Report and Recommendation (Doc.#26)
and the Oral Motion to Dismiss is granted in part and denied in part. This Case is
dismissed without prejudice for failure to prosecute.
IT IS SO ORDERED.
S/Christopher A. Boyko
CHRISTOPHER A. BOYKO
UNITED STATES DISTRICT JUDGE
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