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Ugochukwu v. Wackenhut

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


May 23, 2007

OBIEKWE STEPHEN OKWUDIL UGOCHUKWU, PLAINTIFF,
v.
GEORGE WACKENHUT, ET AL., DEFENDANTS.

The opinion of the court was delivered by: J. Phil Gilbert District Judge

MEMORANDUM AND ORDER

This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 38) of Magistrate Judge Clifford J. Proud recommending that the Court dismiss this action for lack of prosecution pursuant to Federal Rule of Civil Procedure 41(b).

After reviewing a magistrate judge's report and recommendation, the Court may accept, reject or modify, in whole or in part, the findings or recommendations of the magistrate judge in the report. Fed. R. Civ. P. 72(b). 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 Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999).

The Court has received no objection to the Report. In fact, the copy of the Report sent to Ugochukwu was returned as undeliverable. Ugochukwu's failure to notify the Court of his current address was the root of Magistrate Judge Proud's recommendation to dismiss this case for lack of prosecution, and this continued failure after the Report was issued confirms that dismissal under Rule 41(b) is appropriate. The Court has reviewed the entire file and finds that the Report is not clearly erroneous. Accordingly, the Court hereby ADOPTS the Report in its entirety (Doc. 38), DISMISSES this case with prejudice for failure to prosecute pursuant to Rule 41(b), and DIRECTS the Clerk of Court to enter judgment accordingly.

IT IS SO ORDERED.

20070523

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