Bey et al v. Barnes et al, No. 3:2021cv00207 - Document 7 (S.D. Ohio 2021)
Court Description: DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 6 ); DISMISSING CASE WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE; JUDGMENT TO ENTER IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFFS; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 12/20/2021. (bjr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Bey et al v. Barnes et al Doc. 7 Case: 3:21-cv-00207-WHR-PBS Doc #: 7 Filed: 12/20/21 Page: 1 of 2 PAGEID #: 37 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION LUNA LATOYA BEY, eta/., Plaintiffs, Case No. 3:21-cv-207 V. DANIELLE MARIE BARNES, et al., JUDGE WALTER H. RICE Defendants. DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. #6); DISMISSING CASE WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE; JUDGMENT TO ENTER IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFFS; TERMINATION ENTRY On July 29, 2021, prose Plaintiffs Luna LaToya Bey and Aladdin Moroc Bey filed suit against Danielle Barnes, Jamie Luckoski and Elyzabeth McDonald. Plaintiffs did not pay the requisite filing fee. Nor did they file a motion for leave to proceed in forma pauperis. On September 7, 2021, United States Magistrate Judge Peter Silvain issued an order directing Plaintiffs, within 14 days, to either pay the filing fee or show cause in writing why they should be permitted to proceed in forma pauperis. Doc. #5. When Plaintiffs failed to respond to the Show Cause Order, the Magistrate Judge issued a Report and Recommendations, Doc. #6, recommending that the Court dismiss the case without prejudice for failure to prosecute. Dockets.Justia.com Case: 3:21-cv-00207-WHR-PBS Doc #: 7 Filed: 12/20/21 Page: 2 of 2 PAGEID #: 38 Although Plaintiffs were advised of their right to file Objections to the Report and Recommendations, and of the consequences of failing to do so, no Objections were filed within the time allotted. According ly, the Court ADOPTS the Report and Recommendations, Doc. #6, and, pursuant to Fed. R. Civ. P. 41 (b), DISMISSES this action WITHOUT PREJUDICE. Should Plaintiffs choose to refile this lawsuit, they must either pay the filing fee or file a properly-supported motion for leave to proceed in forma pauperis. Judgment shall be entered in favor of Defendants and against Plaintiffs. The captioned case is hereby ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton. Date: December 16, 2021 WALTER H. RICE UNITED STATES DISTRICT JUDGE 2
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