Ushery v. Subway

Filing 13

ORDER granting 8 Motion to Dismiss for Failure to State a Claim; adopting Report and Recommendation re 11 . Signed by Judge Herman J. Weber on 11/26/13. (mb)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION PRINCELLA USHERY, Plaintiff v. C-1-13-265 SUBWAY, Defendant ORDER This matter is before the Court upon the Report and Recommendation of the United States Magistrate Judge (doc. no. 11) to which neither party has objected. Upon a de novo review of the record, the Court finds that the Judge has accurately set forth the applicable law and has properly applied it to the particular facts of this case. Accordingly, in the absence of any objection by plaintiff, this Court accepts the Report as uncontroverted. 2 The Report and Recommendation of the United States Magistrate Judge (doc. no. 11) is hereby ADOPTED AND INCORPORATED HEREIN BY REFERENCE. Plaintiff’s Complaint (doc. no. 3) is DISMISSED for want of prosecution and for failure to obey an Order of the Court. This case is DISMISSED AND TERMINATED on the docket of this Court. IT IS SO ORDERED. s/Herman J. Weber Herman J. Weber, Senior Judge United States District Court

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