UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON

Lamarr Wagner,

Plaintiff, Case No. 3:24-cv-266 v. District Judge Thomas M. Rose Magistrate Judge Caroline H. Gentry

Calvin1 LLC,

Defendant.

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ENTRY AND ORDER ADOPTING REPORT AND RECOMMENDATION (ECF 6), DISMISSING WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE, AND TERMINATING CASE. ___________________________________________________________________________

This matter is before the Court on Magistrate Caroline H. Gentry's Report and Recommendation of February 5, 2025. (ECF 6). The Report and Recommendation is unopposed. Proper notice has been given to the parties under

(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. (ECF 6, PageID 50 (citing United States v. Walters,

(6th Cir. 1981)). The Court has reviewed the findings of the Magistrate Judge and, pursuant to

(b) and Fed. R. Civ. P. 72(b), this Court has made a de novo review of the record in this case. The Court ADOPTS the Report and Recommendations (ECF 6) in its entirety. Plaintiff's Complaint (ECF 1) is DISMISSED without prejudice for failure to prosecute. The instant case is TERMINATED from the docket of the United States District Court, Western Division at Dayton. DONE and ORDERED in Dayton, Ohio, this Friday, March 7, 2025.

s/THOMAS M. ROSE __________________________________

THOMAS M. ROSE UNITED STATES DISTRICT JUDGE

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