Kendle v. WHIG Enterprises, LLC et al

Filing 223

ORDER ADOPTING REPORT AND RECOMMENDATION. Dismissing case without prejudice for failure to prosecute under Rule 41. Signed by Chief Judge Algenon L. Marbley on 9/29/2022. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

Case: 2:15-cv-01295-ALM-KAJ Doc #: 223 Filed: 09/29/22 Page: 1 of 1 PAGEID #: 3117

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

JOHN F. KENDLE,
Plaintiff,

CASE No. 2:15-cv-01295

Chief Judge Algenon L. Marbley

v.

WHGIG ENTERPRISES, LLC, et al.,

Magistrate Judge Kimberly A. Jolson

Defendant

OPINION & ORDER

This matter comes before the Court on Magistrate Judge Kimberly A. Jolson's Report
and Recommendation (ECF No. 222). Magistrate Judge Jolson recommends that Plaintiffs case
be dismissed for failure to prosecute under Rule 41, as Plaintiff has failed to continue

participating in the present litigation or respond to the Court's Order to Show Cause (ECF No.
221) and has caused prejudice to Defendant Rutland. (ECF No. 222 at 3-4).
This Court has reviewed the Report and Recommendation. Noting that no objections
have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b)
has expired, this Court ADOPTS the Magistrate Judge's Report and Recommendations as this
Court's findings of facts and law. Accordingly, this case is DISMISSED WITHOUT

PREJUDICE for failure to prosecute under Rule 41.
IT IS SO ORDERED.

ALGENON L. MARBLEY

CHIEF^HVITED STATES DISTRICT JUDGE
DATED: September 29,2022