Marshall v. Mahan et al

Filing 56

MEMORANDUM AND ORDER, The Court hereby ADOPTS the Report in its entirety (Doc. 54 ). This matter is DISMISSED with prejudice. The Clerk of Court is DIRECTED to enter judgment accordingly and terminate all pending motions as moot. Signed by Judge J. Phil Gilbert on 5/2/2017. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MARK J. MARSHALL,
Plaintiff,
vs.
CODY E. MAHAN, et al.,
Defendants.

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Case No. 16-cv-00769-JPG-DGW

MEMORANDUM AND ORDER
This matter comes before the court on the Report and Recommendation (“R & R”) (Doc. 54)
of Magistrate Judge Donald G. Wilkerson recommending that this matter be dismissed with prejudice
for failure to prosecute an action and/or to comply with court orders. There were no objections to
the R & R.
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. The Court has discretion to
conduct a new hearing and may consider the record before the magistrate judge anew or receive any
further evidence deemed necessary. 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 R & R is not clearly erroneous. Plaintiff has been given ample opportunity to
comply with the court’s orders and has failed to do so. Further, plaintiff was warned that failure to
appear at the mandatory status conference on March 9, 2017, would result in the dismissal of this
action and plaintiff failed to appear or advise the Court of any justification for his non-appearance.

Accordingly, the Court hereby ADOPTS the Report in its entirety (Doc. 54). This matter is
DISMISSED with prejudice. The Clerk of Court is DIRECTED to enter judgment accordingly and
terminate all pending motions as moot.

IT IS SO ORDERED.
DATED: 5/2/2017
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE