Thomas v. Lakin

Filing 28

MEMORANDUM AND ORDER, The Court ADOPTS the Report in its entirety (Doc. 26 ), GRANTS Lakin's motion to dismiss for failure to prosecute (Doc. 25 ), 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 3/6/2018. (jdh)

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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS FRANK THOMAS, Plaintiff, v. Case No. 16-cv-896-JPG-SCW JOHN LAKIN, Defendant. MEMORANDUM AND ORDER This matter comes before the Court on the Report and Recommendation (“Report”) (Doc. 26) of Magistrate Judge Stephen C. Williams recommending that the Court grant defendant John Lakin’s oral motion to dismiss for lack of prosecution (Doc. 25) and dismiss this case with prejudice pursuant to Federal Rule of Civil Procedure 41(b). 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. Accordingly, the Court hereby:  ADOPTS the Report in its entirety (Doc. 26);  GRANTS Lakin’s motion to dismiss for failure to prosecute (Doc. 25);  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: March 6, 2018 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE

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