Miller v. Womak et al

Filing 38

ORDER: The Report and Recommendation (d/e 37) is ACCEPTED by this Court. The Defendants' Motion to Dismiss (d/e 32) is ALLOWED. The case is DISMISSED WITH PREJUDICE and the matter is now CLOSED. Any other pending motions are DENIED AS MOOT. Entered by Chief Judge Michael P. McCuskey on 4/20/2011. (MJ, ilcd)

E-FILED

Wednesday, 20 April, 2011 04:52:09 PM
Clerk, U.S. District Court, ILCD

IN THE UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION
JIMMIE M. MILLER,

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Plaintiff,
v.
ALFRED WOMAK, et al.
Defendants.

No. 10-3087

ORDER
U.S. Magistrate Judge Byron G. Cudmore entered a Report and
Recommendation in the above cause on March 29, 2011. See d/e 37. The
Report and Recommendation concluded that Defendants’ Motion to
Dismiss (d/e 32) should be allowed because Plaintiff failed to prosecute his
case. More than fourteen (14) days have passed since entry of the Report
and Recommendation and there have been no objections. See 28 U.S.C.
§ 636(b)(1) (stating that objections must be filed within 14 days of a report
and recommendation’s issuance). Thus, the Court accepts the Report and
Recommendation. See Video Views, Inc. v. Studio 21, Ltd., 797 F.2d 538
(7th Cir. 1986).
THEREFORE, the Report and Recommendation (d/e 37) is
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ACCEPTED by this Court. The Defendants’ Motion to Dismiss (d/e 32)
is ALLOWED. The case is DISMISSED WITH PREJUDICE and the
matter is now CLOSED. Any other pending motions are DENIED AS
MOOT.
ENTERED this 20th day of April, 2011.
s/ Michael P. McCuskey
MICHAEL P. McCUSKEY
CHIEF U.S. DISTRICT JUDGE

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