BIBBS v. INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT et al

Filing 90

ORDER ADOPTING 89 REPORT AND RECOMMENDATIONS - Because neither Plaintiff nor her estate have timely objected or otherwise manifested any intention to prosecute this case, the court now ADOPTS the Magistrate's Report and Recommendation (Filing No. 89) and DISMISSES the Complaint (Filing No.1) without prejudice for failure to prosecute. Final judgment shall issue accordingly. SEE ORDER. Copy sent to Plaintiff via US Mail. Signed by Judge Richard L. Young on 5/9/2022.(JRB)

Case 1:20-cv-00939-RLY-MG Document 90 Filed 05/09/22 Page 1 of 2 PageID #: 473

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
MIRIAM D. BIBBS,

)
)
Plaintiff,
)
)
v.
)
)
WILLIAM MILLER, in his official and
)
individual capacity for the Indianapolis Police )
Department,
)
)
RICHARD COSBY, in his official and
individual capacity for the Indianapolis Police )
)
Department, and
JOHN ARVIN, in his official and individual
)
capacity for the Indianapolis Police
)
Department,
)
)
Defendants.
)

No. 1:20-cv-00939-RLY-MG

ENTRY ADOPTING REPORT AND RECOMMENDATION
AND DISMISSING CASE
On November 10, 2021, Magistrate Judge Garcia issued an order staying deadlines
for 90 days after receiving correspondence from Plaintiff's son notifying the court of
Plaintiff's death. As of today's date, counsel has not appeared on behalf of Plaintiff's
estate or filed a motion for substitution. On March 1, 2022, Judge Garcia ordered
Plaintiff or her estate to show cause why this case should not be dismissed for failure to
prosecute and warned that failure to respond to the show cause order by March 29 will
result in dismissal. Receiving no response, Judge Garcia issued a Report and
Recommendation on April 12, recommending that the case be dismissed without
prejudice.
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Case 1:20-cv-00939-RLY-MG Document 90 Filed 05/09/22 Page 2 of 2 PageID #: 474

Because neither Plaintiff nor her estate have timely objected or otherwise
manifested any intention to prosecute this case, the court now ADOPTS the Magistrate's
Report and Recommendation (Filing No. 89) and DISMISSES the Complaint (Filing No.
1) without prejudice for failure to prosecute. Final judgment shall issue accordingly.
IT IS SO ORDERED this 9th day of May 2022.

s/RLY

Distribution via ECF to all counsel of record.
Distribution by U.S. Mail:
MIRIAM D. BIBBS
5214 Ruskin P1 W
Indianapolis, IN 46224
CHRISTOPHER D. BIBBS
8939 Mariposa Drive
Indianapolis, IN 46234

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