Mendez v. Mascoutah Il et al

Filing 36

MEMORANDUM AND ORDER, The Court CONSTRUES plaintiff's failure to respond as an admission of the merits of the defendants' motion to dismiss, GRANTS the motion to dismiss (Doc. 28 ); DISMISSES without prejudice Mendez's claims against the City of Mascoutah, Illinois, Cody Hawkins, Mascoutah Police Department for the reasons stated in their motion; DISMISSES without prejudice the unidentified parties pursuant to Rule 41(b) for failure to prosecute; and DIRECTS the Court to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 5/24/2016. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RUDY MENDEZ, independent personal
representative and heir to the Estate of Hazel
Dean Hitt,
Plaintiff,

Case No. 15-cv-382-JPG-PMF

v.
CITY OF MASCOUTAH, IL, CODY
HAWKINS, MASCOUTAH POLICE
DEPARTMENT and UNKNOWN PARTIES,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the Court’s April 28, 2016, order for plaintiff Rudy
Mendez to show cause on or before May 20, 2016, why the Court should not construe his failure to
timely respond to the defendants’ motion to dismiss (Doc. 28) as an admission of the merits of the
motion and dismiss his claims against defendants City of Mascoutah, Illinois, Cody Hawkins,
Mascoutah Police Department and the unidentified parties without prejudice (Doc. 35). The
Court warned Mendez that if he failed to respond to the order to show cause in a timely manner, the
Court could dismiss this action for lack of prosecution pursuant to Federal Rule of Civil Procedure
41(b) and the Court’s inherent authority to manage its docket. See In re Bluestein & Co., 68 F.3d
1022, 1025 (7th Cir. 1995).
Mendez did not respond in a timely manner to the order to show cause. Accordingly, the
Court:


CONSTRUES his failure to respond as an admission of the merits of the defendants’
motion to dismiss, see Local Rule 7.1(c);



GRANTS the motion to dismiss (Doc. 28);



DISMISSES without prejudice Mendez’s claims against the City of Mascoutah, Illinois,
Cody Hawkins, Mascoutah Police Department for the reasons stated in their motion;



DISMISSES without prejudice the unidentified parties pursuant to Rule 41(b) for failure
to prosecute; and



DIRECTS the Court to enter judgment accordingly.

IT IS SO ORDERED.
DATED: May 24, 2016
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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