Salgado v. Siddiqui

Filing 26

MEMORANDUM AND ORDER, The Court ADOPTS the Report in its entirety (Doc. 25 ); DENIES the defendant's motion for summary judgment for failure to exhaust administrative remedies (Doc. 20 ); GRANTS the defendant's motion to dismiss for failu re to prosecute (Doc. 20 ); DISMISSES this case without prejudice pursuant to Federal Rule of Civil Procedure 41(b); DIRECTS the Clerk of Court to enter judgment accordingly; and DIRECTS the Clerk of Court to send a copy of this order and the judgment in this case to the plaintiff at Lawrence Correctional Center, 10930 Lawrence Road, Sumner, IL 62466. Signed by Judge J. Phil Gilbert on 5/31/2017. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ANTONIO SALGADO,
Plaintiff,
v.

Case No. 16-cv-268-JPG-SCW

DR. SIDDIQUI,
Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc.
25) of Magistrate Judge Stephen C. Williams recommending that the Court deny defendant Dr.
Siddiqui’s motion (Doc. 20) to the extent it seeks summary judgment for failure to exhaust
administrative remedies and grant it to the extent it seeks dismissal for failure to prosecute. The
recommendation for dismissal is based on plaintiff Antonio Salgado’s failure to keep the Court
apprized of his current address and failure to participate in this litigation since filing his Amended
Complaint in April 2016.
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.
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).
The Court has received no objection to the Report. The Court has reviewed the entire file
and finds that the Report is not clearly erroneous. However, the Court will decline to dismiss this
action with prejudice in light of the fact that Salgado, who is proceeding pro se, has only failed to

inform the Court of his address for one change of address. Dismissal without prejudice is more
appropriate. Accordingly, the Court hereby:


ADOPTS the Report in its entirety (Doc.25);



DENIES the defendant’s motion for summary judgment for failure to exhaust
administrative remedies (Doc. 20);



GRANTS the defendant’s motion to dismiss for failure to prosecute (Doc. 20);



DISMISSES this case without prejudice pursuant to Federal Rule of Civil Procedure
41(b);



DIRECTS the Clerk of Court to enter judgment accordingly; and



DIRECTS the Clerk of Court to send a copy of this order and the judgment in this case to
the plaintiff at Lawrence Correctional Center, 10930 Lawrence Road, Sumner, IL 62466.

IT IS SO ORDERED.
DATED: May 31, 2017
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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