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Taylor v. Zaber

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


September 4, 2007

CHRISTOPHER B. TAYLOR, PLAINTIFF,
v.
ERIC ZABER, DEFENDANT.

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

ORDER

Plaintiff Christopher B. Taylor ("Plaintiff") filed an amended complaint (Doc. 12) alleging that Defendants used unreasonable force, or failed to prevent such force, while Plaintiff was being detained at the Alton Police Department. At this point, the only remaining claim is Count II against Defendant Eric Zaber. All other counts and defendants have been terminated in previous orders. On January 8, 2007, Defendant Zaber filed a motion to dismiss (Doc. 84) requesting that the Court dismiss this case since Plaintiff has failed to prosecute this matter or comply with the Court's orders.*fn1

This matter now comes before the Court on a Report and Recommendation (the "Report") issued by United States Magistrate Judge Donald G. Wilkerson on August 6, 2007 pursuant to 28 U.S.C. § 636(b)(1)(B) . (Doc. 87.) Magistrate Judge Wilkerson's Report recommends that the motion to dismiss be granted. ( Id.

Under Rule 73.1 of the Local Rules of the Southern District of Illinois, the parties had ten days in which to serve and file written objections to the Report. As of this date, no objections have been filed. The ten-day period in which parties may 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 Judge Wilkerson's Report (Doc. 87) and GRANTS Defendant Zaber's motion to dismiss. (Doc. 84.)

IT IS SO ORDERED.

David R. Herndon United States District Judge


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