Webb v. Young, 16-cv-1284-JPG-DGW. (2018)
Court: District Court, S.D. Illinois
Number: infdco20180509d28
Visitors: 11
Filed: May 08, 2018
Latest Update: May 08, 2018
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 43) of Magistrate Judge Donald G. Wilkerson recommending that the Court dismiss this action with prejudice pursuant to Federal Rule of Civil Procedure 41(b) for lack of prosecution. No party has objected to the Report. The Court may accept, reject or modify, in whole or in part, the findings or recommendations of the magistrate judge in a report and
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 43) of Magistrate Judge Donald G. Wilkerson recommending that the Court dismiss this action with prejudice pursuant to Federal Rule of Civil Procedure 41(b) for lack of prosecution. No party has objected to the Report. The Court may accept, reject or modify, in whole or in part, the findings or recommendations of the magistrate judge in a report and r..
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MEMORANDUM AND ORDER
J. PHIL GILBERT, District Judge.
This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 43) of Magistrate Judge Donald G. Wilkerson recommending that the Court dismiss this action with prejudice pursuant to Federal Rule of Civil Procedure 41(b) for lack of prosecution. No party has objected to the Report.
The Court may accept, reject or modify, in whole or in part, the findings or recommendations of the magistrate judge in a report and recommendation. Fed. R. Civ. P. 72(b)(3). The Court must review de novo the portions of the report to which objections are made. Id. "If no objection or only partial objection is made, the district court judge reviews those unobjected portions for clear error." Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999).
The Court has received no objection to the Report. The Court has reviewed the entire file and finds that the Report is not clearly erroneous. Accordingly, with the exception of dismissing this case without prejudice instead of with prejudice as recommended by Magistrate Judge Wilkerson, the Court hereby:
• ADOPTS the Report in its entirety (Doc. 43);
• DISMISSES this case without prejudice pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute; and
• DIRECTS the Clerk of Court to enter judgment accordingly.
IT IS SO ORDERED.
Source: Leagle
