Zhang v. Clevenger et al, No. 1:2015cv00720 - Document 52 (N.D. Ohio 2015)

Court Description: Opinion & Order signed by Judge James S. Gwin on 11/24/15 adopting the Report and Recommendation of the Magistrate Judge. The Court dismisses the complaint with prejudice. (Related Doc. 50 ) (W,M)

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Zhang v. Clevenger et al Doc. 52 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ------------------------------------------------------: YANG ZHANG, : : Plaintiff, : : v. : : NICOLE CLEVENGER, et al. : : Defendants. : : ------------------------------------------------------- CASE NO. 1:15-CV-0720 OPINION & ORDER [Resolving Doc Nos. 1, 48] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: Plaintiff Zhang filed a complaint alleging breach of contract, conversion, and fraud.1/ 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.2/ On November 3, 2015, Magistrate Judge McHargh recommended that this Court dismiss the action.3/ Neither party has filed an objection to Magistrate Judge McHargh’s Report and Recommendation (“R&R”). 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.4/ Parties must file any objections to a R&R within fourteen days of service.5/ Failure to object within that time waives a party’s right to have the Court review the R&R.6/ Absent objection, a district court may adopt the R&R without 1/ Doc.1. 2/ Doc. 48. 3/ Doc. 50. 4/ 28 U.S.C. § 636(b)(1)(C). 5/ Fed. R. Civ. P. 72(b)(2); LR 72.3(b). 6/ 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). -1- Dockets.Justia.com Case No. 1:15-CV-0720 Gwin, J. review.7/ 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. s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE Dated: November 24, 2015 7/ See Thomas, 474 U.S. at 149. -2-

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