Horn v. Hunt

Filing 53

ORDER granting (47) Motion to Dismiss for Lack of Prosecution; adopting Report and Recommendations re (52) Report and Recommendations. in case 2:15-cv-00220-JLG-TPK; granting (37) Motion to Dismiss for Lack of Prosecution; adopting Report and Reco mmendations re (42) Report and Recommendations. in case 2:15-cv-03019-JLG-TPK. Signed by Judge James L. Graham on 2/28/2017. Associated Cases: 2:15-cv-00220-JLG-TPK, 2:15-cv-03019-JLG-TPK (ds)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Charles Horn, Plaintiff, v. Case No. 2:15-cv-220 Chad Hunt, Defendant. Aaron E. Young, Plaintiff, v. Case No. 2:15-cv-3019 Chad Hunt, Defendant. ORDER This matter is before the court for consideration of the report and recommendation of the magistrate judge filed on February 13, 2017. The magistrate judge recommended that Mr. Horn’s claims (Case No. 2:15-cv-220) be dismissed pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute. The report and recommendation specifically advised the parties that the failure to object to the report and recommendation within fourteen days “will result in a waiver of the right to have the district judge review the Report and Recommendation de novo, and also operates as a waiver of the right to appeal the decision of the District Court adopting the Report and Recommendation.” Doc. 52, p. 3. The time period for filing objections to the report and recommendation has expired, and no objections have been filed. The court adopts the report and recommendation (Doc. 42 in Case No. 2:15-cv-3019, Doc. 52 in Case No. 2:15-cv-220). The motion to dismiss for failure to prosecute (Doc. 37 in Case No. 2:15-cv-3019, Doc. 47 in Case No. 2:15-cv-220) is granted. Mr. Horn’s claims this case are hereby dismissed without prejudice for failure to prosecute. The clerk is directed to enter a judgment of dismissal without prejudice in Case No. 2:15-cv-220. Date: February 28, 2017 s/James L. Graham James L. Graham United States District Judge 2

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