Opinion
Case No. 2:14-cv-0333
10-15-2015
LELAND LEE BROWN, Plaintiff, v. ROSS COUNTY, et al., Defendants.
Magistrate Judge Elizabeth P. Deavers
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)).)
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