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Kelly v. Madison County Sheriff's Dep't

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


March 31, 2009

JAMES KELLY, PLAINTIFF,
v.
MADISON COUNTY SHERIFF'S DEPARTMENT, DEFENDANTS.

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

MEMORANDUM AND ORDER

Before this Court is Magistrate Judge Frazier's Report and Recommendation ("R&R") recommending that the Court dismiss this action pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute the action. The R&R also recommends the Court deny Defendant's Rule 37(b) motion to dismiss. (Doc. 17).

Pursuant to 28 U.S.C. § 636(b) and Local Rule 73.1(b), any party who wishes to object to an R&R must serve and file the objections in writing within ten days of service. This R&R was filed on January 30, 2009. Neither party has filed an objection to Magistrate Judge Frazier's recommendation. Therefore, the standard of review is one of clear error. See Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999). Nothing in the record suggests that Magistrate Judge Frazier committed clear error.

Therefore, this Court ADOPTS Magistrate Judge Frazier's recommendation in its entirety (Doc. 19). The Court DENIES Defendant's motion (Doc. 17). The action is hereby DISMISSED for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. The Clerk of Court is DIRECTED to enter judgment accordingly.

IT IS SO ORDERED.

20090331

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