Bond v. Hertz et al

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATIONS-- adopting 23 Report and Recommendations, granting 20 Motion to Dismiss for Lack of Prosecution, denying as moot 18 Motion to Dismiss for Failure to State a Claim. This case is dismissed. The Clerk of Court is DIRECTED to enter judgment accordingly and close this case. Signed by Judge Staci M. Yandle on 7/11/2016. (rlw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

HAYATA BOND,
Plaintiff,
vs.

Case No. 15-cv-00579-SMY-PMF

JOHN LAKIN, et al.,
Defendants.

MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc. 23) of
Magistrate Judge Philip M. Frazier recommending this Court grant Defendants’ Motion to Dismiss for
Lack of Prosecution (Doc. 20). Objections to the Report were due from Plaintiff by May 2, 2016.
However, the Report mailed from the Court to Plaintiff on April 18, 2016 was returned undeliverable.
The Court then resent the Report on April 28, 2016 and withheld ruling on the Report and underlying
motions until Plaintiff had ample time to receive and file objections. The mailed Report was again
returned undeliverable.
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).
Plaintiff has failed to uphold his duty to keep the Court apprised of changes to his address as
required by Local Rule 3.1(b). Thus, the Court has been unable to successfully deliver necessary
documents to Plaintiff and has received no objection to the Report. The Court has reviewed Plaintiff’s

Motions and case history and finds that the Report is not clearly erroneous. Plaintiff has simply ceased all
participation in the prosecution of this case.
Accordingly, the Court ADOPTS the Report of Magistrate Judge Frazier (Doc. 23), GRANTS
Defendants’ Motion to Dismiss for Lack of Prosecution (Doc. 20), DISMISSES this case with prejudice
and DENIES as MOOT Defendants’ Motion to Dismiss for Failure to State a Claim (Doc. 18). Further,
the Court DIRECTS the Clerk of Court to enter judgment accordingly and close this case.

IT IS SO ORDERED.
DATED: July 11, 2016

s/ Staci M. Yandle
STACI M. YANDLE
DISTRICT JUDGE

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