UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Thomas Ivey,

Plaintiff,

v. Case No. 1:20cv278

Hard Rock Casino Cincinnati, LLC, Judge Michael R. Barrett

Defendant.

ORDER

This matter is before the Court on the Report and Recommendation (“R&R”) filed by the Magistrate Judge on January 21, 2021 (Doc. 16). 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. 16) have been filed. Accordingly, it is ORDERED that the R&R (Doc. 16) of the Magistrate Judge is hereby ADOPTED. Consistent with the recommendation by the Magistrate Judge, Defendant’s Motion to Dismiss (Doc. 14) based on Fed. R. Civ. P. 12(b)(6) is GRANTED. Plaintiff’s Amended Complaint (Doc. 13) is DISMISSED without prejudice and this matter is CLOSED and TERMINATED from the Court’s active docket. IT IS SO ORDERED. s/ Michael R. Barrett Michael R. Barrett, Judge United States District Court

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