HOTEP-EL v. CARTER D/B/A COMMISSIONER INDIANA DEPARTMENT OF CORRECTION et al

Filing 48

ORDER ADOPTING REPORT AND RECOMMENDATION, DISMISSING ACTION WITHOUT PREJUDICE, AND DIRECTING ENTRY OF FINAL JUDGMENT - Magistrate Judge Klump has recommended that this action be dismissed without prejudice due to Plaintiff Yusuf Hotep-El's &qu ot;repeated and unexcused failure to comply with the Court's orders." The Court adopts the report and recommendation, dkt. 43 , in its entirety. This action is dismissed without prejudice. The clerk is directed to enter final judgment consistent with this order and the screening order, dkt. 15 . (See Order.) Signed by Judge James Patrick Hanlon on 5/10/2024. Copy to Plaintiff via US mail. (JSR)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
YUSUF HOTEP-EL,

)
)
)
)
)
)
)
)
)

Plaintiff,
v.
ROBERT E. CARTER, et al.,
Defendants.

No. 2:22-cv-00352-JPH-MKK

ORDER ADOPTING REPORT AND RECOMMENDATION, DISMISSING ACTION
WITHOUT PREJUDICE, AND DIRECTING ENTRY OF FINAL JUDGMENT
Magistrate Judge Klump has recommended that this action be dismissed
without prejudice due to Plaintiff Yusuf Hotep-El's "repeated and unexcused
failure to comply with the Court's orders." Dkt. 43 at 2 (report and
recommendation). Magistrate Judge Klump's report and recommendation
recounts that Mr. Hotep-El failed to appear for an initial pretrial conference on
November 1, 2023. Id. at 1. He was warned that failure to attend hearings,
prosecute the case, and comply with court orders could result in dismissal of the
case. Id. Mr. Hotep-El appeared at a show-cause hearing and status conference
on November 28, 2023, and the show-cause order was discharged. Id. However,
Mr. Hotep-El again failed to appear for a telephonic status conference on March
7, 2024, and for a show-cause hearing on April 4, 2024, despite being warned
again that failure to appear may result in dismissal. Id. at 1–2.
The time to file objections to the report and recommendation has now
passed. Mr. Hotep-El filed a document that has been docketed as an objection
to the report and recommendation, but it is not at all responsive to the report
1

and recommendation. Dkt. 44. Rather, Mr. Hotep-El requests the disclosure of
unspecified public records, insurance policies, and other documents with no
apparent connection to this case. Id. Mr. Hotep-El does not show cause for his
failure to appear or challenge any aspect of Magistrate Judge Klump's report and
recommendation.
Therefore, the Court adopts the report and recommendation, dkt. [43], in
its entirety. See McInnis v. Duncan, 697 F.3d 661, 664 (7th Cir. 2012) ("[W]e
have upheld dismissal for plaintiffs who fail to attend multiple hearings and have
been warned of the possibility of dismissal."). This action is dismissed without
prejudice. The clerk is directed to enter final judgment consistent with this
order and the screening order, dkt. 15.
SO ORDERED.
Date: 5/10/2024

Distribution:
YUSUF HOTEP-EL
2741 Graham Avenue
Indianapolis, IN 46218
All electronically registered counsel

2