Kyle Finnell v. Timothy Eppens, et al.

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION KYLE FINNELL, : : Plaintiff, : Case No. 1:20-cv-337 : vs. : Judge Jeffery P. Hopkins : TIMOTHY EPPENS, et al., : : Defendants. :

ORDER ADOPTING REPORT AND RECOMMENDATION This matter is before the Court on the Report and Recommendation (Doc. 91) issued by Magistrate Judge Peter B. Silvan on January 30, 2026. The Magistrate Judge recommends that this Court grant Defendant’s Motion for Sanctions (Doc. 77) and dismiss this action with prejudice for failure to follow court orders to provide or permit discovery under Fed. R. Civ. P. 37(b). No objections have been filed and the time for filing such objections under Fed. R. Civ. P. 72(b) has expired.

Having carefully reviewed the comprehensive findings and conclusions of the Magistrate Judge and finding no clear error, the Court hereby ADOPTS the Report and Recommendation in its entirety. See Fed. R. Civ. P. 72 (advisory committee notes from 1983 amendment) (“When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation”); see e.g., Roane v. Warden of Corr. Reception Ctr., No. 2:22-cv-2768, 2022 WL 16535903, at *1 (S.D. Ohio Oct. 28, 2022). Accordingly, Defendant’s Motion for Sanctions (Doc. 77) is GRANTED and this action is DISMISSED with prejudice. Defendant’s Motion for Summary Judgment (Doc.

82) and Plaintiff's Motion for Extension of Time (Doc. 89) are therefore DENIED as moot.

This case shall be TERMINATED on the Court’s docket.

IT IS SO ORDERED.

February 20, 2026 eff . ZAopkins United States District Judge