Salazar v. Baldwin et al

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court ADOPTS in its entirety Magistrate Judge Williams's Report & Recommendation (Doc. 23 ) and GRANTS Defendants' motion to dismiss (Doc. 17 ). All of Plaintiff Cristhian Salazar's claims are DISMISSED with prejudice for failure to prosecute. The Clerk of Court shall close this case. Signed by Chief Judge Michael J. Reagan on 9/13/2018. (rah)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CRISTHIAN SALAZAR,
Plaintiff,
vs.
CHRISTINE BROWN, KAREN JAIMET,
and JOHN DOE DOCTOR
Defendants.

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Case No. 17-cv-1330-MJR-SCW

ORDER ADOPTING REPORT & RECOMMENDATION
REAGAN, Chief Judge:
Plaintiff Cristhian Salazar filed suit alleging that Defendants Christine Brown
and John Doe Doctor were deliberately indifferent to his medical needs. Karen Jaimet,
Warden of Pinckneyville Correctional Center, was added as a defendant in her official
capacity for the purpose of implementing any injunctive relief Salazar obtained.
On June 18, 2018, Defendants Brown and Jaimet filed a motion to dismiss for lack
of prosecution (Doc. 17) in which they indicated that Salazar was released from prison
in January 2018. Defendants have been unable to locate him, as he did not provide an
updated address. They cannot obtain Salazar’s new address because he was released
pursuant to an interstate compact and may have been released to immigration
authorities. Magistrate Judge Stephen C. Williams set the motion for hearing and
warned Salazar that failure to appear would result in dismissal of his claims. (Doc. 19).
The warning was stated clearly on the docket, but no notice could be sent to Plaintiff, as

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his whereabouts are unknown. Salazar did not appear at the July 5, 2018 hearing on the
motion to dismiss.
In light of his failure to appear and his lack of participation in this action, Judge
Williams entered a report and recommendation on July 6, 2018, recommending that the
undersigned grant the motion to dismiss (Doc. 17) and dismiss this case with prejudice
for failure to prosecute. The report & recommendation notes that Salazar was informed
by the Court’s threshold order (Doc. 9) of his continuing obligation to update the Court
with any changes of address and was warned that the failure to do so could result in
dismissal of his claims.
The report and recommendation, and the accompanying docket entry, clearly
state that any objections to Judge Williams’ recommendation were due by July 23, 2018.
No objections were filed by that deadline, nor did either party move for additional time
to file objections. Accordingly, this Court need not conduct a de novo review. See 28
U.S.C. § 636(b)(1)(“A judge of the court shall make a de novo determination of those
portions of the report or specified findings or recommendations to which objection is
made.”); Fed. R. Civ. P. 72(b)(3)(“The district judge must determine de novo any part
of the magistrate judge’s disposition that has been properly objected to. The district
judge may accept, reject, or modify the recommended disposition; receive further
evidence; or return the matter to the magistrate judge with instructions”).
Accordingly, the Court ADOPTS in its entirety Magistrate Judge Williams’s
Report & Recommendation (Doc. 23) and GRANTS Defendants’ motion to dismiss

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(Doc. 17). All of Plaintiff Cristhian Salazar’s claims are DISMISSED with prejudice for
failure to prosecute. The Clerk of Court shall close this case.
IT IS SO ORDERED.
DATED: September 13, 2018

s/ Michael J. Reagan
MICHAEL J. REAGAN
Chief Judge
United States District Court

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