Scott v. Lochead et al

Filing 65

ORDER ADOPTING Report and Recommendation (Doc. 64 ): Plaintiff's lawsuit is DISMISSED with prejudice for failure to prosecute. Signed by Judge Staci M. Yandle on 10/2/2018. (mah)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

DAVID SCOTT,
Plaintiff,
vs.
P.H. KEHOE,
Defendant.

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Case No. 16-CV-844-SMY-RJD

MEMORANDUM AND ORDER
YANDLE, District Judge:
This matter is before the Court on the Report and Recommendation (“R&R”) of United
States Magistrate Judge Reona J. Daly (Doc. 64), recommending the dismissal of this action with
prejudice pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute.

No

objections have been filed to the R&R. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b)(2); SDILLR 73.1(b). For the following reasons, the R&R is ADOPTED.
When neither timely nor specific objections to a Report and Recommendation are made,
the Court need not conduct a de novo review of the Report and Recommendation. See Thomas v.
Arn, 474 U.S. 140 (1985). Instead, the Court reviews the R&R for clear error. Johnson v. Zema
Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999). The Court may then “accept, reject, or
modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28
U.S.C. § 636(b)(1).
Here, Judge Daly thoroughly discussed and supported her conclusion that Plaintiff has
failed to prosecute his case. The Court finds no clear error in Judge Daly’s findings, analysis or

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conclusions, and adopts her Report and Recommendation in its entirety. Accordingly, Plaintiff's
case is DISMISSED with prejudice and the Clerk of Court is DIRECTED to enter judgment
accordingly.
IT IS SO ORDERED.
DATED: October 2, 2018
s/ Staci M. Yandle
STACI M. YANDLE
United States District Judge

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