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Jordan v. Donahoe

United States District Court, S.D. Illinois

May 5, 2014

CARLOS JORDAN, Plaintiff,
v.
PATRICK DONAHOE, Postmaster General, Defendant.

MEMORANDUM AND ORDER

DAVID R. HERNDON, Chief District Judge.

Pending before the Court is defendant's March 27, 2014 first motion for summary judgment (Doc. 17). Defendant argues that summary judgment is proper as Jordan failed to timely exhaust prerequisite administrative remedies and that Jordon failed to file suit within 90 days of receiving notice from the EEOC of his right to file suit. Also that same day, defendant filed the required notice to pro se plaintiff of consequences of failing to respond to defendant's motion for summary judgment (Doc. 18). Pursuant to Timms v. Frank, 953 F.2d 281, 285 (7th Cir. 1992) and Lewis v. Faulkner, 689 F.2d 100, 102 (7th Cir. 1982), defendant's notice informed plaintiff that he needs to respond to the summary judgment motion with counter affidavits and documentary evidence, that he may not rest upon his allegations in his pleadings and that he needs to set forth specific facts showing that there is a genuine issue for trial. The notice also set forth Federal Rule of Civil Procedure 56 in its entirety and informed plaintiff that he must respond to the motion within thirty days. As of this date, plaintiff has not responded to the motion[1]. Thus, the Court considers this failure an admission of the merits of the motion and GRANTS the motion for summary judgment (Doc. 17). The Court DIRECTS the Clerk of the Court to enter judgment in favor of defendant Patrick Donahoe and against plaintiff Carlos Jordan.

IT IS SO ORDERED.


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