Pratt v. Hertz et al

Filing 85

MEMORANDUM AND ORDER, The Court DISMISSES this case with prejudice pursuant to Rule 41(b) for failure to prosecute and DIRECTS the Clerk of Court to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 8/24/2017. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BRIAN N. PRATT,
Plaintiff,
v.

Case No. 15-cv-1102-JPG-RJD

ROBERT HERTZ, JOHN LAKIN, GARY BOST,
ROBERT HOLLENBECK, LT. HILL, TONY
COURT, ARLEY FOSTER, MATTHEW DOVER,
MYRON THOMPSON, JODIE COLEMAN, PAUL
SARHAGE, STEVE RIDINGS, DON
MCNAUGHTON, TIM WALKER, MIKE HARE,
CRAIG REICHART, TOM SCHMIDT, MATT
MILLER, and GUS NAVARETTE,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court following its August 1, 2017, order for plaintiff Brian
N. Pratt to show cause why the Court should not dismiss this case with prejudice pursuant to
Federal Rule of Civil Procedure 41(b) for lack of prosecution and failure to obey a Court order
after he failed to keep the Court apprised of his current address (Doc. 81). The Court warned Pratt
that if he failed to respond to the order to show cause by August 18, 2017, the Court would
construe his failure as an abandonment of this case and would dismiss this case with prejudice
pursuant to Rule 41(b) for failure to prosecute. The order to show cause that the Clerk mailed to
Pratt was returned as undeliverable with indications that the address Pratt provided the Court was
vacant. Not surprisingly, Pratt did not timely respond to the order to show cause. Accordingly,
as it warned it would, the Court DISMISSES this case with prejudice pursuant to Rule 41(b) for
failure to prosecute and DIRECTS the Clerk of Court to enter judgment accordingly.
IT IS SO ORDERED.
DATED: August 24, 2017
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE