Dew v. Shawnee Correctional Center et al

Filing 19

ORDER DISMISSING CASE. Signed by Magistrate Judge Reona J. Daly on 2/6/2024. (kare)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ANTWAUN DEW,

)
)
Plaintiff,
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vs.
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WEXFORD HEALTH SERVICES,
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Defendants. )

Case No. 23-cv-2898-RJD

MEMORANDUM AND ORDER
DALY, Magistrate Judge:
On October 31, 2023, the Court attempted to commence service of process on Wexford
Health Services. (Doc. 13). However, Wexford refused to accept the waiver of service form
because Wexford was misidentified as Wexford Health Services, instead of as Wexford Health
Sources, Inc.. (Docs. 16-17). On December 1, 2023, the Court notified Plaintiff of the problem
with the waiver of service and invited him to supply any additional identifying information for
Wexford by December 22, 2023. (Doc. 17). Plaintiff was warned that a failure to do so may result
in the dismissal of this action. On January 8, 2024, the Court noted Plaintiff still had not responded,
and it gave him an additional 14 days and again warned his case would be dismissed if he did not
respond. (Doc. 18); see also Fed. R. Civ. P. 41(b); James v. McDonald’s Corp., 417 F.3d 672,
681 (7th Cir. 2005) (under Rule 41(b) a court has authority to dismiss an action for failure to
prosecute if a party does not provide a timely response to a court order). The Court has not received
any correspondence from Plaintiff about this case since September 19, 2023. (Doc. 11). Plaintiff
has failed to meet the two recent deadlines to properly identify Wexford, and this case is now
subject to dismissal for failure to prosecute.

The Court also notes that on August 29, 2023, Plaintiff was directed to pay an initial partial
filing fee of $30.67. (Doc. 7). This amount has not been received by the Court. The Clerk of
Court does not need to continue efforts to collect a fee in this matter as it is being fully dismissed
by this Order. The Clerk of Court is DIRECTED to enter judgment accordingly, and to close this
case.
IT IS SO ORDERED.
Dated: February 6, 2024

/s/ Reona J. Daly
Reona J. Daly
United States Magistrate Judge