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Knight v. Walker

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


May 11, 2009

TERRANCE J. KNIGHT, PLAINTIFF,
v.
ROGER WALKER, ET AL., DEFENDANTS.

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

ORDER

Now before the Court are two motions to dismiss Plaintiff's complaint for want of prosecution filed by Defendants Gary Condor, Linda Goforth, Jack Moore, Tom Maue, Roger Walker, Jr. and Rashida A. Pollion, CNP (Docs. 31 & 34). Specifically, Defendants move to dismiss Knight's case with prejudice as Knight failed to appear for his scheduled deposition and failed to contact the Defendants regarding his failure to attend the deposition.*fn1 On April 22, 2009 and May 12, 2009, the Court entered Orders notifying Knight that the motions to dismiss had been filed, that he had thirty days to file responses and that a failure to respond may result in the dismissal of his case (Docs. 32 & 35). As of this date, Knight has not filed a response to either motion.*fn2 Pursuant to LOCAL RULE 7.1(c), the Court considers Knight's failure to respond to the motions as admission of the merits of the motions to dismiss.*fn3

Accordingly, the Court GRANTS Defendants' motions to dismiss for want of prosecution (Docs. 31 & 34). The Court DISMISSES with prejudice Knight's cause of action. Further, the Court DIRECTS the Clerk of the Court to enter judgment reflecting the same.

IT IS SO ORDERED.

David R Herdo Chief Judge United States District Court


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