Terow Wiley et al v. City of Peoria, Illinois, a Local Governmental Entity et al

Filing 22

ORDER entred by Judge Sara Darrow on November 19, 2014. The court ADOPTS the Magistrate Judge's 18 Report and Recommendation. Plaintiff's claims against Defendant Nicholas B. Boone are dismissed. (SC, ilcd)

E-FILED

Wednesday, 19 November, 2014 12:13:21 PM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
PEORIA DIVISION
Terow Wiley, Individually, and as Father and Next Friend to
K.H., J.W., and M.H., all Minors, and Shameka Hope,
Plaintiffs,
v.
City of Peoria, Illinois, a Local Governmental Entity,
Bradley R. Dixon, a Sergeant of the Peoria Police, In His
Individual Capacity, Sean W. Johnston, an Officer of the
Peoria Police, In His Individual Capacity, Bradley A.
Hutchinson, an Officer of the Peoria Police, In His Individual
Capacity, David M. Smith, an Officer of the Peoria Police, In
His Individual Capacity, John M. Briggs, a Detective of the
Peoria Police, In His Individual Capacity, Jacob B. Beck, an
Officer of the Peoria Police, In His Individual Capacity,
Nicholas B. Boone, an Officer of the Peoria Police, In His
Individual Capacity, Aaron J. Watkins, an Officer of the
Peoria Police, In His Individual Capacity, Anthony D.
Rummans, an Officer of the Peoria Police, In His Individual
Capacity, Michael S. Johnston, an Officer of the Peoria
Police, In His Individual Capacity, Brendan T. Westart, an
Officer of the Peoria Police, In His Individual Capacity,
Jason S. Spanhook, an Officer of the Peoria Police, In His
Individual Capacity, Daniel A. Duncan, an Officer of the
Peoria Police, In His Individual Capacity, Officer Poynter, an
Officer of the Peoria Police, In His Individual Capacity,
Officer Featherstone, an Officer of the Peoria Police, In His
Individual Capacity, Matthew Hoffman, a Special Agent of
the Federal Bureau of Investigation, In
His Individual Capacity, Matt Galecki, an Agent of the
Federal Bureau of Alcohol, Tobacco, Firearms, and
Explosives, In His Individual Capacity,
Defendants.

ORDER

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Case No. 1:13-cv-01381SLD-TSH

Before the Court is the Magistrate Judge’s Report and Recommendation, ECF No. 18,
recommending that Plaintiffs’ Complaint, ECF No. 1, be dismissed as to Defendant Nicholas B.
Boone, without prejudice, for want of prosecution. For the following reasons, the Court
ADOPTS the magistrate’s recommendation and dismisses Plaintiffs’ claims against Boone
without prejudice.
A district court reviews de novo any portion of a magistrate judge’s report and
recommendation to which written objections have been made. See Fed. R. Civ. P. 72(b). “The
district judge may accept, reject, or modify the recommended disposition; receive further
evidence; or return the matter to the magistrate judge with instructions.” Id. More than 14 days
have elapsed since the filing of the Report and Recommendation, and no objections have issued
from any party. As the parties failed to present timely objections, any such objections have been
waived. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); Lockert v. Faulkner, 843 F.2d 1015,
1017 (7th Cir. 1988); and Video Views, Inc. v. Studio 21 Lts., 797 F.2d 538, 539 (7th Cir. 1986).
The Court thus reviews the Magistrate Judge’s recommendation for clear error. See Johnson v.
Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999).
Federal Rule of Civil Procedure 4(m) directs that a plaintiff must serve a defendant
within 120 days of filing the Complaint. The Magistrate Judge explains that the Complaint was
filed, and some parties were served with process—but not Defendant Boone. Report and Rec. 1.
After more than 120 days had passed from the filing of the Complaint, the Magistrate warned
Plaintiffs that failure to perfect service on Boone could result in dismissal of the case against
Boone. See Mar. 31, 2014 Text Order. Plaintiffs did not subsequently serve Boone, and the
Magistrate now recommends that Boone be dismissed. The Court agrees.

Accordingly, this Court ADOPTS the Magistrate Judge’s Report and Recommendation.
Plaintiffs’ claims against Defendant Boone are dismissed without prejudice for want of
prosecution.

Entered this 19th day of November, 2014.

______

s/ Sara Darrow________
SARA DARROW
UNITED STATES DISTRICT JUDGE