Spence v. Mutual Credit Services, Inc.
MEMORANDUM AND ORDER, this matter is DISMISSED without prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b) and the Court's inherent authority to manage its docket. The Clerk of Court isDIRECTED to enter judgment according. Signed by Judge J. Phil Gilbert on 9/21/2016. (jdh)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MUTUAL CREDIT SERVICES, INC.,
Case No. 16-cv-00155-JPG-DGW
MEMORANDUM AND ORDER
This matter comes before the Court sua sponte. Due to the untimely death of plaintiff’s
counsel, the Court issued an order granting the plaintiff 90 days for new counsel to enter an
appearance or for the plaintiff to indicate that she would precede pro se in this matter. (Doc. 15).
Plaintiff has failed to take either action.
The Court notes that a Stipulation of Dismissal (Doc. 19) was filed in this matter.
However, the Stipulation was signed by an attorney for the plaintiff who had not entered an
appearance in this matter. After being advised that he would need to enter an appearance,
counsel failed to do so.
Therefore, this matter is DISMISSED without prejudice for failure to prosecute pursuant
to Federal Rule of Civil Procedure 41(b) and the Court=s inherent authority to manage its docket.
See In re Bluestein & Co., 68 F.3d 1022, 1025 (7th Cir. 1995).
DIRECTED to enter judgment according.
IT IS SO ORDERED.
s/J. Phil Gilbert
J. PHIL GILBERT
The Clerk of Court is
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