Moore v. Luth et al

Filing 36

ORDER ADOPTING REPORT AND RECOMMENDATION 35 and DISMISSING CASE: For the reasons explained in the attached Order, the Court ADOPTS Judge Williams' Report and Recommendation (Doc. 35) and DISMISSES this action with prejudice for want of prosecution. Clerk's Office to close case. Signed by Chief Judge Michael J. Reagan on 6/30/2017. (soh)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS ANTOINE L. MOORE, Plaintiff, vs. JAMES LUTH, Defendant. ) ) ) ) ) ) ) ) ) Case No. 15-cv-0398-MJR-SCW MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATION REAGAN, Chief Judge: This case has been pending before the Court since April 9, 2015. On May 17, 2017, the Defendant moved to dismiss the case for lack of prosecution after numerous unsuccessful attempts to schedule a deposition with Plaintiff Antoine Moore (Doc. 31). Magistrate Judge Williams set the Motion for a hearing on June 6, 2017, but Plaintiff did not appear despite having been sent notice of the hearing (Dkt. txt. 34). By Report and Recommendation dated June 12, 2017 (Doc. 35), Judge Williams recommends that the undersigned District Judge dismiss this case for lack of prosecution because the Plaintiff is no longer participating in the case. The parties were given an opportunity to respond to the Report and Recommendation, and the deadline elapsed on June 29, 2017, with no responses or related filings. Accordingly, the Court ADOPTS in its entirety the Report and Recommendation (Doc. 35). The Court finds that Magistrate Judge Williams’s factual findings are accurate, and that the Plaintiff failed to pursue his case. Accordingly, this case is hereby DISMISSED with prejudice for lack of prosecution. The Clerk of the Court is directed to close this case. 1|Page IT IS SO ORDERED. DATED June 30, 2017. s/ Michael J. Reagan Michael J. Reagan United States District Judge 2|Page

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