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Farris v. Walker

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


January 23, 2006

DARREN D. FARRIS,, PLAINTIFF,
v.
ROGER E. WALKER, ET. AL., DEFENDANTS.

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

ORDER

On November 10, 2003, Darren Farris, a former inmate in the Shawnee Correctional Center, filed this lawsuit for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983 (Doc. 1).

Pursuant to 28 U.S.C. § 636(b)(1)(B), Magistrate Judge Clifford J. Proud submitted a Report and Recommendation ("the Report") on January 5, 2006 (Doc. 14). The Report recommends that the Court dismiss with prejudice Plaintiff's cause of action for want of prosecution pursuant to Federal Rule of Civil Procedure 41(b).*fn1

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. 14). Pursuant to Federal Rule of Civil Procedure 41(b), the Court DISMISSES with prejudice Plaintiff's cause of action for failure to prosecute. Further, the Court DIRECTS the Clerk of the Court to enter judgment reflecting the same.

IT IS SO ORDERED.

David RHerndon United States District Judge


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