UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Tina M. Stephens, Plaintiff, v. Case No. 1:19cv954 Frisch’s Big Boy Restaurants, et al., Judge Michael R. Barrett Defendants.

ORDER This matter is before the Court on the Report and Recommendation (“R&R”) filed by the Magistrate Judge on July 30, 2020 (Doc. 21). Proper notice has been given to the parties under 28 U.S.C. ' 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the R&R in a timely manner. United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge=s R&R (Doc. 21) have been filed. Accordingly, it is ORDERED that the R&R (Doc. 21) of the Magistrate Judge is hereby ADOPTED. Consistent with the recommendation by the Magistrate Judge, defendant Frisch’s Motion to Compel Arbitration (Doc. 5) is GRANTED and this matter is dismissed without prejudice. Defendants Amy Flutmus and Henry Shannon’s Motion to Dismiss or Quash (doc. 9) is DENIED as MOOT. The Court certifies pursuant to 28 U.S.C. § 1915(a) that an appeal of this Order adopting this Report and Recommendation would not be taken in good faith and therefore would deny plaintiff leave to appeal in forma pauperis. Plaintiff remains free to apply to proceed in forma pauperis in the Court of Appeals. See Callihan v.

1 Schneider, 178 F.3d 800, 803 (6th Cir. 1999), overruling in part Floyd v. United States Postal Serv., 105 F.3d 274, 277 (6th Cir. 1997). IT IS SO ORDERED.

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