UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Spencer Ruch, Plaintiff, v. Case No. 1:19cv430 Duke Energy Ohio, Inc., 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 August 2, 2021 (Doc. 19). 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. 19) have been filed. Accordingly, it is ORDERED that the R&R (Doc. 19) of the Magistrate Judge is hereby ADOPTED. Consistent with the recommendation by the Magistrate Judge, the Complaint (Doc.1) is DISMISSED with PREJUDICE for failure to prosecute his case. IT IS SO ORDERED.

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

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