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Drain v. Nicholson

United States District Court, S.D. Ohio, Western Division
Apr 6, 2009
Case No. 1:07-cv-690 (S.D. Ohio Apr. 6, 2009)

Opinion

Case No. 1:07-cv-690.

April 6, 2009


ORDER


This matter is before the Court on the Magistrate Judge's Report and Recommendation filed March 16, 2009 (Doc. 36).

Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. See United States v. Walters, 638 F.2d 947 (6th Cir. 1981). As of the date of this Order, no objections to the Magistrate Judge's Report and Recommendation have been filed.

Having reviewed this matter de novo pursuant to 28 U.S.C. § 636, we find the Magistrate Judge's Report and Recommendation correct.

Accordingly, it is ORDERED that the Report and Recommendation of the Magistrate Judge is hereby ADOPTED. Plaintiff's complaint is DISMISSED with prejudice for her failure to participate in the discovery process, and to respond to the Court's Order, and for lack of prosecution.

This Court certifies that pursuant to 28 U.S.C. § 1915(a)(3) an appeal of this Order would not be taken in good faith, and therefore DENIES petitioner leave to appeal in forma pauperis. See Fed.R.App.P. 24(a); Kincade v. Sparkman, 117 F.3d 949, 952 (6th Cir. 1997).

This action is closed.


Summaries of

Drain v. Nicholson

United States District Court, S.D. Ohio, Western Division
Apr 6, 2009
Case No. 1:07-cv-690 (S.D. Ohio Apr. 6, 2009)
Case details for

Drain v. Nicholson

Case Details

Full title:Dorothy R. Drain, Plaintiff v. James Nicholson, Secretary Department of…

Court:United States District Court, S.D. Ohio, Western Division

Date published: Apr 6, 2009

Citations

Case No. 1:07-cv-690 (S.D. Ohio Apr. 6, 2009)