Hendricks et al v. Ohio Department of Rehabilitation & Corrections et al

Filing 31

ORDER ADOPTING 30 REPORT AND RECOMMENDATIONS. Signed by Judge Gregory L. Frost on 5/22/15. (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

BENJAMIN HENDRICKS, et al.,
Plaintiffs,
Case No. 2:14-cv-01841
JUDGE GREGORY L. FROST
Magistrate Judge Elizabeth P. Deavers

v.

OHIO DEPARTMENT OF REHABILITATION
AND CORRECTIONS, et al.,
Defendants.

ORDER
This matter is before the Court for consideration of the Magistrate Judge’s April 30,
2015 Report and Recommendation (“R&R”). (ECF No. 30.) In that filing, the Magistrate Judge
recommended that the Court dismiss this action pursuant to Federal Rule of Civil Procedure
41(b). The Magistrate Judge further recommended that the Court dismiss Plaintiff Nameth’s
claims with prejudice for want of prosecution.
The R&R advised the parties that, if any party sought review by the District Judge, that
party may file objections to the Magistrate Judge’s recommendations within fourteen (14) days.
(ECF No. 30, at PAGEID # 175.) 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)).)

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 AFFIRIMS AND ADOPTS the R&R
(ECF No. 30), DISMISSES this action under Rule 41(b), and DISMISSES WITH
PREJUDICE Plaintiff Nameth’s claims for want of prosecution. The Clerk is DIRECTED to
enter judgment accordingly and remove this case from the docket 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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