Watkins v. Deister Machine Company Inc

Filing 30

OPINION AND ORDER APPROVING 25 REPORT AND RECOMMENDATIONS re 17 Amended Complaint filed by Shawn Watkins. This case is DISMISSED for lack of prosecution under Fed.R.Civ.P. 41(b). Signed by Judge William C Lee on 5/30/2017. (Copy mailed to pro se party)(lns)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION SHAWN WATKINS,   Plaintiff, v. DEISTER MACHINE COMPANY, INC.   Defendant. ) ) ) ) CAUSE NO: 1:16-CV-0058 ) ) ) ) ) OPINION AND ORDER Plaintiff Shawn Watkins, who is proceeding pro se, filed this case against his former employer, Defendant Deister Machine Company, Inc., advancing discrimination and retaliation claims under Title VII and the Americans with Disabilities Act. (DE 1).1 After he failed to appear in Court on three different occasions and offered no explanation for his absences (even after explicit warnings by the Court and being given opportunities to show cause), the Magistrate Judge entered a Report and Recommendation inferring a lack of prosecutorial intent, see GCIU Employer Ret. Fund v. Chicago Tribune Co., 8 F.3d 1195, 11991200 (7th Cir. 1993) (lack of prosecutorial intent may be inferred from, among other things, failure to appear at hearings), and recommending dismissal of the action pursuant to Fed.R.Civ.P. 41(b). [DE 25, entered December 9, 2016]. The Magistrate Judge further advised the Plaintiff that he had a right to file any objections to the Report and Recommendation within 14 days and even extended that deadline sua sponte to provide more time in the event that the Plaintiff intended to 1 Watkins was originally represented by counsel but counsel moved to withdraw on September 27, 2016 [DE 19], citing an irretrievable breakdown in the attorney-client relationship. 1 respond. Nearly 6 months have passed and the Plaintiff has filed no objection or response to the Report and Recommendation. Accordingly, the Court APPROVES the Report and Recommendation [DE 25] and DISMISSES the case for lack of prosecution under Fed.R.Civ.P. 41(b). Entered: This 30th day of May, 2017 s/ William C. Lee United States District Court 2

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