East v. City of Lafayette, Indiana et al

Filing 57

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Court ACCEPTS the Report and Recommendation 15 in its entirety and ORDERS that this case is DISMISSED WITHOUT PREJUDICE. Signed by Chief Judge Theresa L Springmann on 9/9/19. (Copy mailed to pro se party via certified mail, receipt no. 7018 0360 0001 4183 8545)(ksp)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION AT LAFAYETTE
LAMARR EAST,
Plaintiff,
v.

CAUSE NO.: 4:18-CV-10-TLS

CITY OF LAFAYETTE, INDIANA, et al.,
Defendants.
ORDER
This matter is before the Court on the Report and Recommendation of the United States
Magistrate Judge [ECF No. 53], filed on May 13, 2019. The Report chronicles Plaintiff Lamar
East’s failure to appear at various court proceedings, including two show cause hearings. The
Magistrate Jude recommended, after issuing the second show cause order and receiving no
response from Plaintiff, that the Court dismiss this case without prejudice. Both show cause orders
issued by the Magistrate Judge [ECF Nos. 46 and 49] warned that dismissal of this case was a
possible consequence of Plaintiff’s failure to appear at the show cause hearing.
This Court’s review of the Magistrate Judge’s Report and Recommendation is governed
by 28 U.S.C. § 636(b)(1)(C) which provides in part:
A judge of the court shall make a de novo determination of those portions of the
report or specified proposed findings or recommendations to which objection is
made. A judge of the court may accept, reject, or modify, in whole or in part, the
findings or recommendations made by the magistrate judge. The judge may also
receive further evidence or recommit the matter to the magistrate judge with
instructions.
Objections to the Magistrate’s Judge’s Report and Recommendations must be made within
fourteen days of service of a copy of the Report. Id.; Fed. R. Civ. P. 72(b). No party filed an
objection to the Magistrate Judge’s Report and Recommendation within the allotted fourteen-day

period.
Upon review of the Report and Recommendation, the Court ACCEPTS the Report and
Recommendation [ECF No.53] in its entirety and ORDERS that this case is DISMISSED without
prejudice.
SO ORDERED on September 9, 2019.
s/ Theresa L. Springmann
CHIEF JUDGE THERESA L. SPRINGMANN
UNITED STATES DISTRICT COURT

2