Macon v. Cook County the Municipality et al
MEMORANDUM Order. Signed by the Honorable Milton I. Shadur on 3/6/2017:Mailed notice(clw, )
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
SHAWN M. MACON,
COOK COUNTY, et al.,
Case No. 16 C 9254
This Court's good friend and colleague Honorable John Darrah has found it necessary in
recent months to pare down his calendar caseload, culminating in his decision to take senior
status at the end of last month. Like its colleagues, this Court has received via random
assignment a number of Judge Darrah's cases, including this one.
As it turned out, although such random reassignments (as take place, for example, when
we are joined by a new colleague) generally reflect varying levels of activity, this case did not:
Judge Darrah had given pro se plaintiff Shawn Macon ("Macon") more than one deadline to
bring this lawsuit into a posture in which it could move forward, but Macon has simply neglected
to do so. Back on October 21, 2016 Judge Darrah had sent a judicial shot across Macon's
litigation bow with no success -- Macon ignored the warning of an imminent dismissal if he did
not comply with Judge Darrah's order of that date. Then Judge Darrah's most recent deadline
was set in an order issued January 11, 2017, which imposed a January 20, 2017 deadline on pain
of dismissal if it went unheeded, and yet Macon has gone well over a month beyond that
drop-dead date without taking any action whatever.
Accordingly this Court will implement Judge Darrah's last warning, and both Macon's
Complaint and this action are dismissed with prejudice. And because this Court has just learned
through an Executive Committee order that three other Macon cases on Judge Darrah's calendar
were later reassigned to this Court -- Case Nos. 15 C 5236, 15 C 5238 and 15 C 8869 1 -- this
Court has requested Judge Darrah's files on those three cases from his staff people.
That request brought scant returns (really an understatement): (1) a modest group of
documents in Case No. 15 C 5236, culminating with an unacted-upon January 25, 2017 motion
to vacate a very-recently-entered default judgment; (2) no papers at all in Case No. 15 C 5238;
and (3) just a single document (Macon's original Complaint) in Case No. 15 C 8869. This Court
is simply not in a position to take on those three cases in what appear to be varying stages of
desuetude, and it is also worth noting that if Judge Darrah had acted as he had forecast by an
earlier dismissal of Case No. 16 C 9254 (as this Court has just done), this Court would not have
inherited those other three Macon cases to begin with.
Hence this Court is contemporaneously exercising its senior judge's prerogative under 28
U.S.C. § 294(b) to decline the reassignment of the other three Macon cases to its calendar. It is
executing separate orders to that effect.
Milton I. Shadur
Senior United States District Judge
Date: March 6, 2017
Those cases presumably came to Judge Darrah originally because pro se prisoner
plaintiff Macon had become his "pen pal" under the principle articulated by this District Court's
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