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Richard Cahill v. Town and Country Towing

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


May 15, 2012

RICHARD CAHILL, PLAINTIFF,
v.
TOWN AND COUNTRY TOWING, HARRY HALTER AND VILLAGE OF ALORTON, ILLINOIS, DEFENDANT.

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

MEMORANDUM AND ORDER

This matter comes before the Court on the order to show cause entered April 28, 2012, by Magistrate Judge Philip M. Frazier (Doc. 11). In that order, Magistrate Judge Frazier noted that plaintiff Richard Cahill failed to submit a Joint Report and Proposed Scheduling and Discovery Order and failed to place a conference call as directed by the Court. Magistrate Judge Frazier ordered Cahill to show cause on or before May 4, 2012, why this case should not be dismissed for want of prosecution.

He further warned Cahill that if he did not respond to the order to show cause, the Court would view his failure as an admission that Cahill is no longer interested in prosecuting this case and that dismissal is appropriate.

Cahill has not responded to the order to show cause. As the Court warned it would do, it construes this failure to respond as an admission that Cahill is no longer interested in prosecuting this case and that dismissal is appropriate. Accordingly, the Court DISMISSES this case with prejudice on the merits pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute and DIRECTS the Clerk of Court to enter judgment accordingly.

IT IS SO ORDERED.

J. Phil Gilbert

20120515

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