Payton v. Roe et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
William H. Payton,
Plaintiff,
V.
Ken Roe, et al.,
Defendants.
Case No. 2:25-cv-114
Judge Michael H. Watson
Magistrate Judge Vascura
ORDER
William H. Payton ("Plaintiff') died during the pendency of this litigation. and
the executor of his estate has failed to respond to various Court Orders. See ECF
Nos. 51, 53. The executor has also failed to file a notice of substitution.
Therefore, the Magistrate Judge issued a Report and Recommendation
("R&R") recommending that the Court dismiss this case for failure to prosecute.
R&R, EOF No. 54. The R&R notified the parties of their right to object to that
recommendation and of the consequences of failing to do so. Id. at 4. No party
objected.
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 Clerk shall enter judgment and
terminate this case.
IT IS SO ORDERED.
MICHAEL H. WATSON, JUDGE
UNITED STATES DISTRICT COURT
Case: 2:25-cv-00114-MHW-CMV Doc #: 55 Filed: 10/15/26 Page: 1 of 1 PAGEID #: <pageID>