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Wilkins v. Illinois Dep't of Corrections

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


May 14, 2010

GERALD WILKINS, PLAINTIFF,
v.
ILLINOIS DEPARTMENT OF CORRECTIONS, ET AL. DEFENDANTS.

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

MEMORANDUM AND ORDER

This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 60) of Magistrate Judge Philip M. Frazier recommending that the Court grant the defendants' motion for sanctions (Doc. 54) and dismiss the remaining claims in this case for lack of prosecution or, in the alternative, as a sanction for failing to comply with legitimate discovery requests.

The Court may accept, reject or modify, in whole or in part, the findings or recommendations of the magistrate judge in a report and recommendation. Fed. R. Civ. P. 72(b)(3). The Court must review de novo the portions of the report to which objections are made. Id. "If no objection or only partial objection is made, the district court judge reviews those unobjected portions for clear error." Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999).

The Court has received no objection to the Report. In fact, the Report sent to Wilkins has been returned to the Court with markings from the Post Office stating, "Attempted not known." That Wilkins has failed to keep the Court apprized of his current address as required by Local Rule 3.1(b) is consistent with the Report's recommendation of dismissal for failure to prosecute.

The Court has reviewed the entire file and finds that the Report is not clearly erroneous. Accordingly, the Court hereby ADOPTS the Report in its entirety (Doc. 60), GRANTS the defendants' motion for sanctions (Doc. 54) and DISMISSES with prejudice the remaining claims in this case pursuant to Federal Rule of Civil Procedure 41(b) or, in the alternative, pursuant to Federal Rule of Civil Procedure 37(b)(2)(A)(v) and (d) for failure to comply with a legitimate discovery request. The Court DIRECTS the Clerk of Court to enter judgment accordingly.

IT IS SO ORDERED.

20100514

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