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Cross v. Gray

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


April 15, 2008

TERRY TERELL CROSS, PLAINTIFF,
v.
TYAMA M. GRAY, ET AL., DEFENDANTS.

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

ORDER

Before the Court is a Report and Recommendations ("R&R") (Doc. 33), issued on February 6, 2008, by United States Magistrate Judge Wilkerson, recommending that Defendants' Motion to Dismiss for Lack of Prosecution (Doc. 32) be granted and that the matter be dismissed with prejudice. Upon issuance, the R&R 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 (see Doc. 33-2). Neither party has filed timely objections to the R&R. In fact, the record reflects that the service copy of the R&R sent to Plaintiff was returned as "undeliverable." Plaintiff has not provided the Court with a forwarding address, as required. See SDIL-LR 3.1 and the Court's September 25, 2006 Order (Doc. 9).

Therefore, pursuant to 28 U.S.C. § 636(b) this Court need not conduct a de novo review. Thomas v. Arn, 474 U.S. 140, 149-52 (1985). Accordingly, the Court ADOPTS the R&R (Doc. 33) in its entirety. Defendants' Motion to Dismiss for Lack of Prosecution (Doc. 32) is GRANTED. This matter is hereby DISMISSED WITH PREJUDICE for Plaintiff's failure to timely prosecute his action in accordance with the Federal Rules of Civil Procedure. The Clerk is instructed to close the case file, judgment to enter accordingly.

IT IS SO ORDERED.

David R Herndon Chief Judge United States District Court

20080415

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