Fountain v. Warden, Franklin Medical Center et al

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATION 10 and that this Court DISMISSES Plaintiff's Complaint for Failure to Prosecute. Signed by Judge Gregory L Frost on 7/9/13. (sem1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
DANIEL ANTONIO FOUNTAIN, Sr.,
Case No. 2:13-cv-271
JUDGE GREGORY L. FROST
Magistrate Judge Elizabeth P. Deavers

Plaintiff,

v.
WARDEN, FRANKLIN MEDICAL
CENTER, et al.,
Defendants.
ORDER
This matter is before the Court for consideration of the United States Magistrate Judge’s
Report and Recommendation filed on June 7, 2013. (ECF No. 10.) The Magistrate Judge
recommended that the Court dismiss this action pursuant to Fed. R. Civ. P. 41(b) for failure to
prosecute. The Magistrate Judge recommended dismissal under Rule 41(b) for Plaintiff’s failure
to supply the Court with an updated address despite multiple Orders from this Court directing
him to do so. (ECF No. 10 at PAGEID# 51-52.)
The Report and Recommendation specifically advises Plaintiff that the failure to object to
the Report and Recommendation within fourteen days of the Report results in a “waiver of the
right to de novo review by the District Judge and waiver of the right to appeal the judgment of
the District Court.” (ECF No. 10 at PAGEID# 53.) The time period for filing objections to the
Report and Recommendation has expired. Plaintiff has not objected to the Report and
Recommendation.

The Court has reviewed the Report and Recommendation. In light of the facts that
Plaintiff filed no objections and that the time for filing such objections has expired, the Court
ADOPTS the Report and Recommendation. Accordingly, the Court DISMISSES Plaintiff’s
Complaint for failure to prosecute pursuant to Fed. R. Civ. P. 41(b).
IT IS SO ORDERED.
/s/ Gregory L. Frost
GREGORY L. FROST
UNITED STATES DISTRICT JUDGE

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