Dickson v. Godinez et al

Filing 29

MEMORANDUM AND ORDER ADOPTING 28 REPORT AND RECOMMENDATIONS in its entirety; ORDER DISMISSING CASE for want of prosecution; denying all pending motions as Moot. Clerk of Court to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 1/30/13. (bkl)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS CHRISTOPHER DICKSON, Plaintiff, Case No. 12-cv-661-JPG-PMF vs. S. A. GODINEZ, et al., Defendants. MEMORANDUM AND ORDER This matter comes before the Court on the Report and Recommendation (“R & R”) (Doc. 28) of Magistrate Judge Philip M. Frazier recommending that the Court dismiss this case for want of prosecution pursuant to Federal Rule of Civil Procedure 41(b). The Court may accept, reject or modify, in whole or in part, the findings or recommendations of the magistrate judge in a report and recommendation. Fed. R. Civ. P. 72(b)(3). The Court must review de novo the portions of the report to which objections are made. The Court has discretion to conduct a new hearing and may consider the record before the magistrate judge anew or receive any further evidence deemed necessary. Id. “If no objection or only partial objection is made, the district court judge reviews those unobjected portions for clear error.” Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999). The Court has received no objection to the R & R. The Court has reviewed the entire file and finds that the R & R is not clearly erroneous. Accordingly, the Court hereby ADOPTS the Report in its entirety (Doc. 28). Thus, the Court DISMISSES this case for want of prosecution, DENIES all pending motions as MOOT, and DIRECTS the Clerk of Court to enter judgment accordingly. IT IS SO ORDERED. DATED: January 30, 2013 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE

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