Opinion
CASE NO. 1:15-CV-0720
11-24-2015
YANG ZHANG, Plaintiff, v. NICOLE CLEVENGER, et al. Defendants.
OPINION & ORDER
[Resolving Doc Nos. 1, 48]
:
Plaintiff Zhang filed a complaint alleging breach of contract, conversion, and fraud. Now, Zhang has failed to respond to the court's Order to Show Cause why this action should not be dismissed for failure to prosecute. On November 3, 2015, Magistrate Judge McHargh recommended that this Court dismiss the action. Neither party has filed an objection to Magistrate Judge McHargh's Report and Recommendation ("R&R").
Doc.1.
Doc. 48.
Doc. 50.
The Federal Magistrates Act requires a district court to conduct a de novo review only of those portions of a R&R to which a party has made an objection. Parties must file any objections to a R&R within fourteen days of service. Failure to object within that time waives a party's right to have the Court review the R&R. Absent objection, a district court may adopt the R&R without review.
Fed. R. Civ. P. 72(b)(2); LR 72.3(b).
LR 72.3(b); see Thomas v . Arn, 474 U.S. 140, 145 (1985); United States v . Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).
See Thomas , 474 U.S. at 149. --------
In this case, neither party has objected to the R&R. Moreover, having conducted its own review of the record, this Court agrees with the conclusions of Magistrate Judge McHargh.
Accordingly, the Court ADOPTS in whole Magistrate Judge McHargh's Report and Recommendation and incorporates it fully herein by reference. The Court DISMISSES WITH PREJUDICE Zhang's complaint.
IT IS SO ORDERED. Dated: November 24, 2015
s/ James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE