David v. Dierbergs Market, Inc.
MEMORANDUM AND ORDER ADOPTING 33 REPORT AND RECOMMENDATIONS, ORDER DISMISSING CASE with prejudice. Clerk of Court to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 5/8/13. (bkl)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
Case No. 12-cv-869-JPG-SCW
DIERBERGS MARKET, INC.,
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“R & R”) (Doc. 33) of
Magistrate Judge Stephen C. Williams recommending the Court dismiss this case with prejudice for
plaintiff’s failure to appear at pre-trial conferences; obey the Court’s March 8, 2013, discovery order;
and diligently prosecute his case.
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 R & R and finds
that it is not clearly erroneous. Accordingly, the Court ADOPTS the R & R (Doc. 33), DISMISSES
this case with prejudice, and DIRECTS the Clerk of Court to enter judgment accordingly.
IT IS SO ORDERED.
DATED: May 8, 2013
s/ J. Phil Gilbert
J. PHIL GILBERT
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