Kalpedis v. City of Peoria et al

Filing 17

ORDER & OPINION Entered by Judge Joe Billy McDade on 2/21/2012. IT IS THEREFORE ORDERED that this matter is DISMISSED FOR FAILURE TO PROSECUTE.CASE TERMINATED. (RP, ilcd)

E-FILED

Tuesday, 21 February, 2012 03:58:43 PM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
PEORIA DIVISION
CHRISTOPHER KALPEDIS,

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Plaintiff,
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v.
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CITY OF PEORIA, JOHN BRIGGS, and )
CHRIS WHITE,
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Defendant.
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Case No. 10-cv-1142

ORDER & OPINION
This matter is before the Court sua sponte. For the reasons stated below, this
matter is dismissed for failure to prosecute.
On January 11, 2012, the Court adopted a Report & Recommendation by
Magistrate Judge Gorman, denying Defendants’ Motion to Dismiss this matter for
failure to prosecute by Plaintiff. (Doc. 16). Plaintiff’s attorney had failed to obtain
service on the individual Defendants, and had failed to take any action for almost a
year, between November 29, 2010, and November 2, 2011. Adopting Magistrate
Judge Gorman’s Report & Recommendation, this Court found that this failure to act
was due to excusable neglect, and gave Plaintiff until February 9, 2012 to effect
service upon the individual Defendants, and warned Plaintiff that further failures
would not be treated leniently. As of today’s date, Plaintiff has still not served the
individual Defendants, and has not even obtained summonses. The Court has given
Plaintiff more than adequate indulgence, and cannot allow Plaintiff to further abuse
its docket and Defendants’ time and resources in this manner.

IT IS THEREFORE ORDERED that this matter is DISMISSED FOR
FAILURE TO PROSECUTE.
CASE TERMINATED.

Entered this 21st day of February, 2012.
s/ Joe B. McDade
JOE BILLY McDADE
United States Senior District Judge

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