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Ybarra v. City of O'fallon

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


November 28, 2005

MARIO A. YBARRA, PLAINTIFF,
v.
CITY OF O'FALLON, ILLINOIS, KIRK HANCOCK, CRAIG KOCH AND RYAN MENSING DEFENDANTS.

The opinion of the court was delivered by: Herndon, District Judge

MEMORANDUM AND ORDER

On November 24, 2003, Mario Ybarra filed a four count complaint against Defendants for violations of 42 U.S.C. § 1983 (Count I) and assault (Counts II, III and IV) (Doc. 2). Plaintiff's complaint alleges that on June 25, 2003Defendants, O'Fallon Police Officers, Hancock, Koch and Mensing without legal justification repeatedly beat Ybarra on his face, head and body and broke his arm. Defendants removed the case to this Court on December 22, 2003 (Doc. 1)

On November 3, 2005, pursuant to 28 U.S.C. § 636(b)(1)(B), Magistrate Judge Donald G. Wilkerson submitted a Report and Recommendation ("the Report") (Doc. 30). The Report recommends that the Court dismiss without prejudice Plaintiff's cause of action for failure to prosecute this case by failing to participate in the scheduling of this case and by failing to respond to Orders. 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, none of the parties has filed objections. 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 (Doc. 30). The Court DISMISSES without prejudice Plaintiff's cause of action.

IT IS SO ORDERED.

David R. Herndon United States District Judge

20051128

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