Lack v. Alton Police Department et al

Filing 27

ORDER, The Court hereby ADOPTS the Report in its entirety (Doc. 26 ). The Court hereby GRANTS defendants' oral Motion to Dismiss and pursuant to Federal Rule of Civil Procedure 41(b), this case is DISMISSED with prejudice for failure to prosecute. The Clerk of Court is DIRECTED to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 7/11/2017. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
TIMOTHY S. LACK,
Plaintiff,
vs.
ALTON POLICE DEPARTMENT, at al.,
Defendants.

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Case No. 16-cv-01017-JPG-SCW

ORDER
This matter comes before the court on the Report and Recommendation (“R & R”) (Doc. 26)
of Magistrate Judge Stephen C. Williams with regard to defendants’ oral Motion to Dismiss for

Want of Prosecution.
Federal Rule of Civil Procedure 41(b) provides that the Court may involuntarily dismiss a
matter if a plaintiff fails to prosecute. Plaintiff was warned in this Court’s order referring the
case to Magistrate Judge Williams (Doc. 11) as follows:
Plaintiff is ADVISED that he is under a continuing obligation to keep the Clerk
of Court and each opposing party informed of any change in his address; the
Court will not independently investigate his whereabouts. This shall be done in
writing and not later than 7 days after a transfer or other change in address occurs.
Failure to comply with this order will cause a delay in the transmission of court
documents and may result in dismissal of this action for want of prosecution.
Mail addressed to the plaintiff has been returned as “Undeliverable” (Doc. 18) and the returned
mail indicates that the plaintiff is no longer incarcerated.
Further, plaintiff was notified that his appearance at the status conference scheduled on
June 1, 2017, was mandatory (Doc. 21) and that his failure to appear could result in the dismissal
of this matter.

Plaintiff failed to appear or to notify the Court of any reason for his

nonappearance.
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Despite the above warnings, plaintiff has failed to keep the court advised of his current
address or to make any contact with the Court since 12/28/2016.
The Court has reviewed the entire file and finds that the R & R is not clearly erroneous.
Accordingly, the Court hereby ADOPTS the Report in its entirety (Doc. 26). The Court hereby
GRANTS defendants’ oral Motion to Dismiss and pursuant to Federal Rule of Civil Procedure
41(b), this case is DISMISSED with prejudice for failure to prosecute. The Clerk of Court is
DIRECTED to enter judgment accordingly.
IT IS SO ORDERED.
DATED: 7/11/2017
s/J. Phil Gilbert
J. PHIL GILBERT
U.S. DISTRICT JUDGE

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