Smith v. Hogan et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Gerald K. Smith,
Plaintiff,
V.
D. Hogan, et al;
Chief of Security (LoCI), in his
individual capacity,
Case No. 2:24-cv-2620
Judge Michael H. Watson
Magistrate Judge Gentry
Defendants.
ORDER
Plaintiff began refusing to accept mail from this Court in September 2025. E. g.,
ECF Nos. 45, 48, 49, 50, 63-66, 68. He continued to refuse the Court's mail even after
the Magistrate Judge warned Plaintiff that continued refusal could lead to dismissal.
ECF Nos. 72, 74, 77, 82-83, 85-88. So, the Magistrate Judge issued a Report and
Recommendation ("R&R"), recommending the Court dismiss this case for failure to
prosecute. R&R, ECF No. 89. The R&R notified Plaintiff of his right to object to that
recommendation and of the consequences of failing to do so, but Plaintiff refused to
accept the R&R, ECF No. 90, and failed to object. Accordingly, the Court ADOPTS the
R&R without conducting a de novo review and DISMISSES this case WITH
PREJUDICE, pursuant to Federal Rule of Civil Procedure 41(b), for failure to prosecute.
The Court further CERTIFIES under 28 U. S. C. § 1915(a)(3) that any appeal would be
frivolous and DENIES Plaintiff leave to appeal in forma aupe .
IT IS SO ORDERED.
MC AEL H. WATSON, JUDGE
UNITED STATES DISTRICT COURT
Case: 2:24-cv-02620-MHW-CHG Doc #: 91 Filed: 01/12/26 Page: 1 of 1 PAGEID #: <pageID>