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Holliday-Epley v. Waggoner Enterprises, Inc., 18-CV-1306-SMY-RJD. (2019)

Court: District Court, S.D. Illinois Number: infdco20190522b36 Visitors: 2
Filed: May 20, 2019
Latest Update: May 20, 2019
Summary: MEMORANDUM AND ORDER STACI M. YANDLE , District Judge . This matter is before the Court on the Report and Recommendation ("Report") of United States Magistrate Judge Reona J. Daly (Doc. 30), recommending the dismissal of this action with prejudice for failure to prosecute, pursuant to Federal Rule of Civil Procedure 41(b). No objections have been filed to the Report. See 28 U.S.C. 636(b)(1); Fed.R.Civ.P. 72(b)(2); SDIL-LR 73.1(b). For the following reasons, Judge Daly's Report and Reco
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MEMORANDUM AND ORDER

This matter is before the Court on the Report and Recommendation ("Report") of United States Magistrate Judge Reona J. Daly (Doc. 30), recommending the dismissal of this action with prejudice for failure to prosecute, pursuant to Federal Rule of Civil Procedure 41(b). No objections have been filed to the Report. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b)(2); SDIL-LR 73.1(b). For the following reasons, Judge Daly's Report and Recommendation is ADOPTED.

When neither timely nor specific objections to a Report and Recommendation are made, the Court need not conduct a de novo review of the Report. See Thomas v. Arn, 474 U.S. 140 (1985). Instead, the Court reviews the Report and Recommendation for clear error. Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999). The Court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1).

Here, Judge Daly thoroughly discussed and supported her conclusion that Plaintiff has failed to prosecute his case. The Court finds no clear error in Judge Daly's findings, analysis or conclusions, and adopts her Report in its entirety. Accordingly, Plaintiff's case is DISMISSED with prejudice and the Clerk of Court is DIRECTED to enter judgment accordingly.

IT IS SO ORDERED.

Source:  Leagle

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