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Melton v. Wright

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


May 5, 2010

JOHNNY MELTON, PLAINTIFF,
v.
CASANDRA WRIGHT, ET AL., DEFENDANT.

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

ORDER

This matter is before the Court on the Report and Recommendation ("R&R") issued pursuant to 28 U.S.C. § 636(b)(1)(B) by United States Magistrate Judge Frazier (Doc. 15). The R&R's conclusion, based on the Magistrate Judge's review of the record and the applicable law is that Plaintiff's cause of action should be dismissed for want of prosecution. Magistrate Judge Frazier concludes that Plaintiff's cause should be dismissed because Plaintiff has failed to pay his partial filing fee and USM-285 forms that were mailed to him on two occasions were returned as undeliverable. The Report also states that Plaintiff has failed to keep the Court apprised of his current whereabouts.*fn1

The R&R was sent to the parties with a notice informing them of their right to appeal by way of filing "objections" within fourteen days of service. The time period in which to file an objection has lapsed. Neither party has filed any objection.*fn2 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 in its entirety and DISMISSES without prejudice for want of prosecution Plaintiff's § 1983 action against Defendants. The Court will close the file.

IT IS SO ORDERED.

David R Herndon Chief Judge United States District Court


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