Antwi v. Barclays Bank Delaware

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Erasmus Gyamfi Antwi,

Plaintiff,

v. Case No. 1:21cv748

Barclays Bank Delaware, Judge Michael R. Barrett

Defendant.

ORDER

This matter is before the Court on the Report and Recommendation (“R&R”) filed by the Magistrate Judge on March 9, 2022 (Doc. 7). Proper notice was given to the parties pursuant to Fed. R. Civ. P. 72(b),1 including notice that the parties may forfeit2 rights on appeal if they fail to file objections to the R&R in a timely manner. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the R&R were filed. Nor did Plaintiff accept the Magistrate Judge’s invitation to file a motion to amend his complaint to re-allege his claim under subsection (b)—as opposed to subsection (a)—of section 623 of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (Doc. 7 PAGEID 83, 84). Upon review and under these circumstances, then, the undersigned will ACCEPT and ADOPT the R&R to the extent it recommends that Defendant’s Motion (Doc. 4) be granted, but dismissal will

1 See 28 U.S.C. 636(b)(1)(C).

2 Berkshire v. Dahl, 928 F.3d 520, 530 (6th Cir. 2019) (failure to object is not a waiver, but instead a forfeiture) (citing United States v. Olano, 507 U.S. 725, 733 (1993)).

1 be with prejudice. Accordingly, Defendant’s Motion to Dismiss (Doc. 4) under Fed. R. Civ. P. 12(b)(6) is hereby GRANTED and Plaintiff’s Complaint is DISMISSED with prejudice. The Clerk shall CLOSE and TERMINATE this case from the active docket. IT IS SO ORDERED.

/s/ Michael R. Barrett Michael R. Barrett, Judge United States District Court