Opinion
Civil Action 21-87-DLB-HAI
01-09-2023
JAMES KLINE MYERS PLAINTIFF v. JAMES DALEY DEFENDANT
ORDER ADOPTING RECOMMENDED DISPOSITION
David L. Bunning United States District Judge.
This matter is before the Court upon the November 22, 2022, Recommended Disposition of United States Magistrate Judge Hanley A. Ingram (Doc. # 56) wherein he recommends that Defendant's unopposed Motion for Summary Judgment (Doc. # 48) be granted.
No objections having been filed, and the time to do so having now expired, the Recommended Disposition is ripe for the Court's consideration.The Court having reviewed the Recommended Disposition, concluding that it is sound in all respects, and being otherwise sufficiently advised, IT IS ORDERED as follows:
On January 3, 2023, Judge Ingram's Recommended Disposition was returned as undeliverable to Myers, even though it had been entered on November 22, 2022. (Doc. # 57). Myers has failed to file any response to Defendant's Motion for Summary Judgment or to update his address since May 2022. Judge Ingram warned Myers that “[f]ailure to timely respond [to the Motion for Summary Judgment] may provide grounds for granting that motion.” (Doc. # 53 at 2). The Ohio Department of Rehabilitation and Correction's searchable database indicates that Myers is no longer incarcerated and that he is on supervised release, yet he has not made any filings or updated his address. 1
(1) The Magistrate Judge's Recommended Disposition (Doc. # 56) is hereby ADOPTED as the findings of fact and conclusions of law of the Court;
(2) Defendant's Motion for Summary Judgment (Doc. # 48) is hereby GRANTED;
(3) This matter is DISMISSED with prejudice and STRICKEN from the Court's active docket; and
(4) The Court will enter a corresponding Judgment with this Order.