Glover v. Kirsher et al

Filing 44

ORDER finding as moot 40 Motion for Summary Judgment; adopting 43 Report and Recommendations and Dismisses this action without prejudice. Signed by Judge Gregory L. Frost on 4/23/15. (kn)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

BARNETT GLOVER,
Plaintiff,
Case No. 2:13-cv-976
JUDGE GREGORY L. FROST
Magistrate Judge Terence P. Kemp

v.
DR. KIRSHER, et al.,
Defendants.

ORDER
This matter is before the Court for consideration of the Magistrate Judge’s April 2, 2015
Report and Recommendation. (ECF No. 43.) In that filing, the Magistrate Judge cited Plaintiff’s
failure to keep the Court advised of his current address and to respond to a March 5, 2015 Order
as evidence of Plaintiff’s clear abandonment of this litigation. (Id. at Page ID # 282.) The
Magistrate Judge recommended that the Court dismiss this action without prejudice for failure to
prosecute. (Id.)
The Report and Recommendation advised the parties that a failure to file a timely
objection would waive the right to de novo review by the undersigned and would waive the right
to appeal the decision adopting the Report and Recommendation. (Id. at Page ID # 282-83.)
No objections have been filed, the time for filing objections has expired, and the
Magistrate Judge’s reasoning is correct. Therefore, the Court ADOPTS the Report and
Recommendation and DISMISSES this action WITHOUT PREJUDICE for failure to
prosecute. The Clerk shall enter judgment accordingly and terminate this case on the docket
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records of the United States District Court for the Southern District of Ohio, Eastern Division.
IT IS SO ORDERED.
/s/ Gregory L. Frost
GREGORY L. FROST
UNITED STATES DISTRICT JUDGE

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