UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Jayson D. Wilmot,

Plaintiff,

v. Case No. 1:20cv027

Butler County Jail, et al., Judge Michael R. Barrett

Defendants.

ORDER

This matter is before the Court on the Report and Recommendation (“R&R”) filed by the Magistrate Judge on March 12, 2020 (Doc. 8). 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 R&R in a timely manner. United States v. Walters,

(6th Cir. 1981). No objections to the Magistrate Judge=s R&R (Doc. 8) have been filed. That said, a review of the docket reveals that the notice sent to plaintiff was returned to the Clerk of Court because, as discussed by the Magistrate Judge in her R&R, plaintiff clearly has failed to apprise the Court of his change of address. (See Doc. 9 (Return to Sender/Attempted – Not Known/Unable to Forward)). The R&R was mailed to plaintiff at the last known address he provided to the Court; hence, it was properly served, and a failure to object to it waives any right to appellate review. Theede v. United States Dep’t of Labor,

, 1265–68 (10th Cir. 1999); see McDougald v. Bear, No. 1:17cv124,

, at *1 (S.D. Ohio May 22, 2017). Accordingly, it is ORDERED that the R&R (Doc. 8) of the Magistrate Judge is

1 hereby ADOPTED. Consistent with the recommendation by the Magistrate Judge, plaintiff’s complaint is DISMISSED with prejudice for lack of prosecution and for failure to obey a Court order. The Court certifies, pursuant to

(a)(3), that for the reasons expressed here and in the Magistrate Judge’s R&R (Doc .8), an appeal of this Order would not be taken in good faith. See McGore v. Wrigglesworth,

, 610–

11 (6th Cir. 1997). IT IS SO ORDERED.

/s/ Michael R. Barrett Michael R. Barrett, Judge United States District Court

2