Fox v. Manager

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATION. This action is DISMISSED WITH PREJUDICE. Signed by Judge Algenon L. Marbley on 3/5/2018. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
GARY RAYMOND FOX,
Plaintiff,
v.
MANAGER,
In Town Motel Suites
Defendant.

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Case No. 2:17-cv-880
JUDGE ALGENON L. MARBLEY
Magistrate Judge Vascura

ORDER
This matter comes before the Court on the Magistrate Judge’s February 8, 2018 Report
and Recommendation (ECF No. 10), which recommended that Plaintiff’s action be Dismissed
With Prejudice pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute.
The Report and Recommendation specifically advised the parties that the failure to object
results 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. (Id. at 3–4). The parties have failed to file any
objections, and the deadline for objections (February 22, 2018) has lapsed.
The Court hereby ADOPTS the Report and Recommendation based on the independent
consideration of the analysis therein. The action is DISMISSED WITH PREJUDICE.
IT IS SO ORDERED.
s/ Algenon L. Marbley
ALGENON L. MARBLEY
UNITED STATES DISTRICT JUDGE

DATED: March 5, 2018