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Miller v. Mezo

United States District Court, S.D. Illinois

February 25, 2015

DAVID L. MILLER, Plaintiff,
v.
TOM MEZO, BILL WESTFALL, ROGER PELKER, DR. TROST and DANELLA KIM BUTLER, Defendants.

MEMORANDUM AND ORDER

J. PHIL GILBERT, District Judge.

This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 39) of Magistrate Judge Stephen C. Williams recommending that the Court grant the defendants' motion to dismiss plaintiff David L. Miller's claims pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute (Doc. 38).

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 Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999).

The Court has received no objection to the Report. 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. 39);
• GRANTS the defendants' motion to dismiss (Doc. 38);
• DISMISSES this case with prejudice; and
• DIRECTS the Clerk of Court to enter judgment accordingly.

IT IS SO ORDERED.


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