IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION - CINCINNATI

JOSEPH A. HUBER, : Case No. 1:19-cv-473 : Plaintiff, : Judge Matthew W. McFarland : vs. : : CORRECTION OFFICER BATES, et al., : : Defendants. :

ORDER ADOPTING REPORT AND RECOMMENDATION (DOC. 24), DISMISSING CASE WITH PREJUDICE FOR WANT OF PROSECUTION, AND TERMINATING CASE

The Court has reviewed the Report and Recommendation (Doc. 24) of United States Magistrate Judge Karen L. Litkovitz, to whom this case is referred pursuant to

(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendation. Accordingly, the Court rules as follows: 1. This case is DISMISSED with prejudice for want of prosecution pursuant to Fed. R. Civ. P. 41(b).

2. The Court CERTIFIES pursuant to

(a)(3) that for the foregoing reasons an appeal of this Court’s Order would not be taken in good faith. See McGore v. Wrigglesworth,

(6th Cir. 1997).

IT IS SO ORDERED.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO

By: /s/ Matthew W. McFarland b JUDGE MATTHEW W. McFARLAND