Davis v. Burlington Capital Management

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
MONIQUE DAVIS,
Plaintiff,
v. 	Case Number 2:25-cv-249
Judge Edmund A. Sargus, Jr.
Magistrate Judge Kimberly A. Jolson
POST WOODS TOWNHOMES, LLC, et al.,
Defendants.
ORDER
This matter is before the Court on a Report and Recommendation issued by the
Magistrate Judge on October 2, 2025. (ECF No. 29.) The Magistrate Judge recommends that
Plaintiff Monique Davis’s Complaint be dismissed for failure to prosecute. (Id.)
Ms. Davis, proceeding pro se and in forma pauperis, brought claims under the Fair
Housing Act, 42 U.S.C. § 3601, et seq., and state law against Defendants Burlington Capital
Management, New Post Woods Townhomes LP, Post Woods Apartments, Post Woods
Townhomes LLC, Nicole Connor, and Sunbelt Multifamily Properties. (ECF No. 4.) Ms. Davis
alleged that she experienced disability discrimination and retaliation when she was a tenant at
Post Woods Apartments. (ECF No. 4.)
Because Ms. Davis failed to meet various deadlines and respond to the Court’s orders, on
August 29, 2025, the Court issued a Show Cause Order requiring Ms. Davis to show cause
within 14 days why the action should not be dismissed for failure to prosecute. (ECF No. 28.)
The Show Cause Order warned Ms. Davis that failure to respond would result in a
recommendation that her case be dismissed. (Id.) Ms. Davis did not respond to the Show Cause
Order.
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On October 2, 2025, the Magistrate Judge issued a Report and Recommendation
concluding that Ms. Davis has abandoned her lawsuit and recommending dismissal of Ms.
Davis’s Complaint for failure to prosecute. (ECF No. 29, PageID 236.)
After a magistrate judge issues a report and recommendation, any party may object
within 14 days by serving and filing written objections to the magistrate judge’s proposed
findings and recommendations. 28 U.S.C. § 636(b)(1)(C). Failure to object results in waiver of
the right to a de novo review of the Report and Recommendation by the district court. See United
States v. Walters, 638 F.2d 947, 949–50 (6th Cir. 1981). Ms. Davis was advised of her right to
object to the Report and Recommendation and the consequences of failing to do so. (ECF No.
29, PageID 236–37.) Ms. Davis did not object to the Report and Recommendation.
Accordingly, the Court ADOPTS and AFFIRMS the Report and Recommendation.
(ECF No. 29.) Plaintiff’s Complaint is DISMISSED for failure to prosecute under Federal Rule
of Civil Procedure 41(b).
The Clerk is DIRECTED to enter judgment and close this case.
The Clerk is further DIRECTED to mail a copy of this Order to Plaintiff Monique Davis
at P.O. Box 243, Brice, Ohio 43109.
IT IS SO ORDERED.
2/10/2026 	s/Edmund A. Sargus, Jr.
DATE 	EDMUND A. SARGUS, JR.
UNITED STATES DISTRICT JUDGE
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