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Wineke v. Transunion Credit Agency, 1:18-cv-3306-WTL-DLP. (2019)

Court: District Court, S.D. Indiana Number: infdco20190603811 Visitors: 4
Filed: May 31, 2019
Latest Update: May 31, 2019
Summary: ENTRY DISMISSING CASE WITHOUT PREJUDICE WILLIAM T. LAWRENCE , Senior District Judge . The Magistrate Judge assigned to this case has recommended that this case be dismissed without prejudice based upon the Plaintiff's failure to comply with her orders to appear. Those failures are fully set forth in the Magistrate Judge's Entry, see Dkt. No. 32, and include twice failing to appear before the Magistrate Judge. Since that Entry, which was dated April 22, 2019, a series of entries sent by t
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ENTRY DISMISSING CASE WITHOUT PREJUDICE

The Magistrate Judge assigned to this case has recommended that this case be dismissed without prejudice based upon the Plaintiff's failure to comply with her orders to appear. Those failures are fully set forth in the Magistrate Judge's Entry, see Dkt. No. 32, and include twice failing to appear before the Magistrate Judge. Since that Entry, which was dated April 22, 2019, a series of entries sent by the Clerk of Court to the Plaintiff have been returned to the Clerk marked "Return to Sender/Attempted-Not Known/Unable to Forward" or "Return to Sender/Refused/Unable to Forward." These include entries that were mailed on April 9, 2019, April 19, 2019, and April 22, 2019. Each of them was properly addressed to the address provided by the Plaintiff to the court. See Dkt. No. 11 (notification of new address). That same address was used by the Plaintiff as his return address on a letter he mailed to the Court on April 12, 2019. See Dkt. No. 30-1. Whether the Plaintiff himself caused the mail to be returned to the Clerk, or whether he provided an invalid address to the court, the Plaintiff is responsible for his failure to receive the Magistrate Judge's entries. And in any event, the Plaintiff willfully failed to appear at the second hearing, as he sent an email to the Magistrate Judge that makes it clear that he received notice of that hearing. See Dkt. No. 30 ("[I] am writing to you [be]cause [I] will not be able to make the Apr. 16, [20]19 court hearing. [I] didn't get any info. to come to court for the 3/6/19, so why should [I] come to the [A]pril hearing?").

The Court hereby ADOPTS the Magistrate Judge's recommendation, to which no objection has been filed, and DISMISSES THIS CASE WITHOUT PREJUDICE.

SO ORDERED.

Source:  Leagle

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