McDonald v. Cummings et al

Filing 49

ORDER ADOPTING Report and Recommendations (Doc. 47 ). No objection having been filed, the Court ADOPTS Magistrate Judge Daly's Report and Recommendations in its entirety. Accordingly, Plaintiff's claims against Defendants are DISMISSED with prejudice. The Clerk of Court is DIRECTED to enter judgment accordingly and to close the case. Signed by Judge Staci M. Yandle on 10/31/2018. (bps)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS SHAWAN MCDONALD, ) ) ) ) ) ) ) ) ) Plaintiff, vs. MS. CUMMINGS, et al., Defendants. Case No. 17-CV-577-SMY-RJD MEMORANDUM AND ORDER YANDLE, District Judge: This matter is before the Court on the Report and Recommendation of United States Magistrate Judge Reona J. Daly (Doc. 47) recommending that this case be dismissed for failure to prosecute. No objections to the Report and Recommendation have been filed. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b)(2); SDIL-LR 73.1(b). For the following reasons, Judge Daly’s Report and Recommendation 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 Report for clear error. Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999). The Court may “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 adequately prosecute the case and has failed to maintain a current address with the Court. The Court fully agrees with Judge Daly’s findings, analysis and conclusions and Page 1 of 2 ADOPTS her Report and Recommendation in its entirety. Accordingly, Plaintiff’s claims against Defendants are DISMISSED with prejudice. The Clerk of Court is DIRECTED to enter judgment accordingly and to close the case. IT IS SO ORDERED. DATED: October 31, 2018 s/ Staci M. Yandle STACI M. YANDLE United States District Judge Page 2 of 2

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