Viverette v. Wexford Health Sources, Inc. et al

Filing 37

ORDER: Pursuant to Rule 41(b) of the Federal Rules of Civil Procedure, the Court DISMISSES with prejudice Plaintiff's claim against Unknown Party, Jane Doe Nurse. The Clerk's Office is DIRECTED to terminate Unknown Party, Jane Doe Nurse as a party to this action. Signed by Judge Nancy J. Rosenstengel on 08/23/2016. (bak)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JIMMY VIVERETTE,
Plaintiff,
vs.
CHRISTINE BROOKS, UNKNOWN
PARTY, TRAVIS JAMES, NOREEN
BAKER, and STEVE DUNCAN,
Defendants.

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Case No. 15-CV-717-NJR-DGW

MEMORANDUM AND ORDER
ROSENSTENGEL, District Judge:
This matter is before the Court for case management purposes. On July 24, 2015,
the Court completed its threshold review of Plaintiff Jimmy Viverette’s civil rights
complaint (Doc. 7). The Court advised Plaintiff that service would not be made on
Unknown Party, Jane Doe Nurse, “until such time as Plaintiff has identified him/her by
name in a properly filed amended complaint” (Doc. 7, p. 8). On December 8, 2015, the
Court entered a Scheduling and Discovery Order giving Plaintiff until April 8, 2016, to
identify any unknown defendants or identify steps that can be taken to identify them
(Doc. 28, p. 3). The Court warned Plaintiff that his failure to comply with the Court’s
directive “will result in the dismissal of the John Does” (Id.).
As of the date of this Order, Plaintiff has neither identified, nor taken steps to
identify, the unknown party. The Court concludes that Plaintiff has failed to properly
prosecute his case as to the Unknown Party, Jane Doe Nurse. Accordingly, and pursuant

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to Rule 41(b) of the Federal Rules of Civil Procedure, the Court hereby DISMISSES with
prejudice Plaintiff’s claim against Unknown Party, Jane Doe Nurse.
IT IS SO ORDERED.
DATED: August 23, 2016
____________________________
NANCY J. ROSENSTENGEL
United States District Judge

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