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

MARK MARTIN,

Petitioner, Case No. 3:25-cv-271

vs.

SHERIFF MARK WHITTAKER, District Judge Michael J. Newman Magistrate Judge Elizabeth P. Deavers Respondent. _______________________________________________________________________________________

ORDER: (1) ADOPTING THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE (Doc. No. 8); AND (2) DISMISSING THIS MATTER WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE _______________________________________________________________________________________

The Court has reviewed the Report and Recommendation of Magistrate Judge Elizabeth P. Deavers (Doc. No. 8), to whom this case was referred pursuant to

(b). The parties have not filed objections to the Report and Recommendation and the time for doing so under Fed. R. Civ. P. 72(b) has expired. Upon careful review of the foregoing, the Court determines that the Report and Recommendation should be adopted. See Rhines v. Weber,

(2005). Accordingly, the Court: (1) ADOPTS the Report and Recommendation of the Magistrate Judge in its entirety; and (2) DISMISSES this matter without prejudice for failure to prosecute. This case is CLOSED. IT IS SO ORDERED. November 12, 2025 s/Michael J. Newman Hon. Michael J. Newman United States District Judge