Smith v. Stout et al

Filing 37

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court ADOPTS Judge Williams' Report and Recommendation (Doc. 36 ) in its entirety, GRANTS Defendant's motion to dismiss (Doc. 32 ), and DISMISSES this case with prejudice u nder Federal Rule of Civil Procedure 41(b) for failure to prosecute. The Clerk's Office shall enter judgment in favor of Defendants Andy Stout and Alan Dallas and against Plaintiff Smith. Signed by Chief Judge Michael J. Reagan on 9/5/2017. (rah)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JERROD SMITH,
Plaintiff,
vs.
ANDY STOUT and
LT. ALAN DALLAS,
Defendants.

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Case No. 15-cv-0913-MJR-SCW

ORDER ADOPTING R&R AND
DISMISSING CASE FOR WANT OF PROSECUTION
REAGAN, Chief Judge:
This case comes before the Court on a Report and Recommendation (R&R)
issued by Magistrate Judge Stephen C. Williams on August 18, 2017 (Doc. 36), which
recommends that the undersigned District Judge grant Defendants’ August 2, 2017
motion to dismiss this case for lack of prosecution (Doc. 32). The R&R notes, inter alia,
that Plaintiff—who apparently has been paroled from custody—failed to appear for (or
call into) an August 14, 2017 hearing, failed to keep the clerk’s office apprised of any
address change, and “has shown no interest in prosecuting his suit” (Doc. 36, p. 3).
Judge Williams recommends that the undersigned (a) find that Plaintiff has failed to
diligently prosecute his action, (b) grant Defendants’ motion1, and (c) “DISMISS all
claims in this matter with prejudice” (id., p. 4).

The motion was filed by three Defendants--Andy Stout, Alan
Dallas, and Stephen Duncan. But all claims against Stephen Duncan were
dismissed in prior Orders herein (see Docs. 11 and 27).
1

The R&R plainly stated that any objection must be filed by September 4, 2017.
That date has elapsed, and no objection was filed.

Nor did Plaintiff request an

extension of time to object to the R&R. The undersigned need not conduct de novo
review of the R&R. 28 U.S.C. 636(b)(1)(C)(A judge shall make a de novo determination
of those portions of the report or specified proposed findings or recommendations to
which objection is made.); Thomas v. Arn, 474 U.S. 140 (1985); Johnson v. Zema
Systems Corp., 170 F.3d 734, 741 (7th Cir. 1999); Video Views Inc., v. Studio 21, Ltd., 797
F.2d 538 (7th Cir. 1986).
The Court ADOPTS Judge Williams' Report and Recommendation (Doc. 36) in
its entirety, GRANTS Defendant's motion to dismiss (Doc. 32), and DISMISSES this
case with prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute.
The Clerk's Office shall enter judgment in favor of Defendants Andy Stout and Alan
Dallas and against Plaintiff Smith.
IT IS SO ORDERED.
DATED September 5, 2017.

s/ Michael J. Reagan
Michael J. Reagan
United States District Judge