Brown v. Ross County et al

Filing 71

ORDER granting 66 Motion to Dismiss for Lack of Prosecution; adopting Report and Recommendations re 68 Report and Recommendations.. Signed by Judge Gregory L. Frost on 10/15/15. (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
LELAND LEE BROWN,
Plaintiff,
Case No. 2:14-cv-0333
JUDGE GREGORY L. FROST
Magistrate Judge Elizabeth P. Deavers

v.
ROSS COUNTY, et al.,
Defendants.

OPINION AND ORDER
This matter is before the Court for consideration of the Magistrate Judge’s September 24,
2015 Report & Recommendation (“R&R”) (ECF No. 68). In that filing, the Magistrate Judge
recommended that the Court grant Defendants’ motion to dismiss for lack of prosecution (ECF
No. 66) and dismiss this action pursuant to Federal Rule of Civil Procedure 41(b). The
Magistrate Judge noted that Plaintiff has been unreachable, has failed to respond to pending
motions, and has failed to update his address resulting in all filings mailed to Plaintiff being
returned as undeliverable.
The R&R advised the parties that, if any party sought review by the District Judge, that
party must file objections to the R&R within fourteen (14) days. (ECF No. 68, at PAGEID #
823.) The R&R further advised the parties that the failure to object within fourteen days would
“result 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.” (Id. (citing Pfahler v. Nat’l Latex Prod. Co., 517
F.3d 816, 829 (6th Cir. 2007) and United States v. Sullivan, 431 F.3d 976, 984 (6th Cir. 2005)).)

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The Court has reviewed the R&R. Noting that no objections have been filed, and that the
time for filing such objections has expired, the Court ADOPTS AND AFFIRMS the R&R (ECF
No. 68), GRANTS Defendants’ motion to dismiss for lack of prosecution (ECF No. 66), and
DISMISSES Plaintiff’s complaint. The Clerk is DIRECTED to enter judgment accordingly
and terminate this case on the docket records of the United States District Court for the Southern
District of Ohio, Eastern Division. For the reasons set forth above and in the R&R, the Court
hereby CERTIFIES pursuant to 28 U.S.C. § 1915(a)(3) that any appeal of this Opinion & Order
is not taken in good faith.
IT IS SO ORDERED.
/s/ Gregory L. Frost
GREGORY L. FROST
UNITED STATES DISTRICT JUDGE

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