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Yanez v. Long

United States District Court, Seventh Circuit

November 5, 2013

JOSE LUIS YANEZ, Plaintiff,
v.
PHIL LONG, Defendant.

MEMORANDUM AND ORDER

MICHAEL J. REAGAN, District Judge.

In January 2012, Jose Luis Yanez filed the above-captioned action in this Court, asserting that he has been subjected to a pattern of discrimination while working for Unicor Prison Industries at FCI-Greenville. The sole named Defendant was "P. Long, Superintendent of Prison Industries." The case survived threshold review in August 2012 and was referred to the Honorable Stephen C. Williams, United States Magistrate Judge, for pretrial proceedings, pursuant to 28 U.S.C. 636 and Local Rule 72.1.

In August 2013, Defendant Long (now identified as Phil Long, rather than just P. Long)[1] moved to dismiss the case based on Plaintiff's failure to prosecute the action. Judge Williams held a hearing on the motion, and Plaintiff participated via videoconference connection from FCI-Butner II (where he currently is incarcerated). Now before the Court is a Report and Recommendation (R&R) submitted by Judge Williams on October 18, 2013 (Doc. 46).

The R&R recommends that the undersigned DENY Defendant's motion. The R&R notified the parties that they must file any objections to that recommendation "on or before November 4, 2013" (Doc. 46, p. 9). That deadline has elapsed, and no objections were filed by any party. Nor did any party seek an extension of the objection-filing deadline.

Accordingly, pursuant to U.S.C. 636(b), the undersigned Judge need not conduct de novo review of the Report and Recommendations. 28 U.S.C. 636(b)(1)(C) ("A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made."). See also Thomas v. Arn, 474 U.S. 140 (1985); Johnson v. Zema Systems Corp., 170 F.3d 734, 741 (7th Cir. 1999); Video Views Inc., v. Studio 21, Ltd., 797 F.2d 538 (7th Cir. 1986).

The Court hereby ADOPTS the R&R (Doc. 46) in its entirety. The Court DENIES Defendant Long's motion to dismiss for lack of prosecution (Doc. 29). The case remains set for final pretrial conference before Judge Williams on October 30, 2014 and jury trial before the undersigned District Judge on December 1, 2014. A dispositive motion deadline of March 3, 2014 also remains.

IT IS SO ORDERED.


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