United States District Court, S.D. Illinois
May 18, 2005.
CLYDE WALLACE, Plaintiff,
BRETT A. KLINDWORTH, Defendant.
The opinion of the court was delivered by: DAVID HERNDON, District Judge
On December 22, 2003, the Court conducted a threshold review of
this case and dismissed Count 2 of Plaintiff's complaint against
Defendant Guy Pierce with prejudice and Count 3 of Plaintiff's
complaint against Defendant Brett Klindworth ("Defendant
Klindworth") without prejudice (Doc. 5). Count 1 of Plaintiff's
complaint against Defendant Klindworth alleging excessive use of
force survived threshold review (Id.).
On April 5, 2005, pursuant to 28 U.S.C. § 636(b)(1)(B),
United States Magistrate Philip M. Frazier submitted a Report and
Recommendation (the "Report") based on "a sua sponte
recommendation that [pro se] plaintiff's claim against
defendant Klindworth be dismissed with prejudice as a sanction
for his failure to comply with pretrial orders entered on March
25, 2004, January 25, 2005, and March 16, 2005" (Doc. 20 at p.
1). The Report recommends that the Court dismiss Plaintiff's
claim against Defendant Klindworth with prejudice pursuant to
FEDERAL RULE OF CIVIL PROCEDURE 16(f).
The Report was sent to the parties with a notice informing them
of their right to appeal by way of filing "objections" within ten
days of service of the Report. To date, neither party has filed
objections, and the period in which to file objections has
expired. Therefore, pursuant to 28 U.S.C. § 636(b), this Court
need not conduct de novo review. Thomas v. Arn,
474 U.S. 140, 149-52 (1985).
Accordingly, the Court ADOPTS the Report in its entirety
(Doc. 20). Plaintiff's claim of excessive force against Defendant
Klindworth in Count 1 of the Complaint is DISMISSED with
IT IS SO ORDERED.
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