Finnell v. Eppans et al

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