Martin v. Whittaker

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 28 U.S.C. § 636(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, 544 U.S. 269 (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
Case: 3:25-cv-00271-MJN-EPD Doc #: 9 Filed: 11/12/25 Page: 1 of 1 PAGEID #: <pageID>