Opinion
Case No. 00 C 1925.
March 15, 2001.
REPORT AND RECOMMENDATION
This matter was referred to this Court for, among others, all nondispositive pretrial motions. On November 20, 2000, after several status hearings were held where plaintiff failed to attend, after notice mailed to him, this Court entered an order noting that plaintiff's motion to proceed in forma pauperis was denied by Judge Wayne Andersen on May 9, 2000 as was his motion to reconsider on August 11, 2000 and that the court docket shows no receipt of any filing fees.
A status hearing was held on December 12, 2000, at which time plaintiff appeared and was additionally admonished that his failure to obtain or even attempt to obtain service of summons rendered the continued vitality of his case questionable and strongly advised plaintiff to obtain a lawyer. Since that time plaintiff, after requesting more time, finally appeared on March 15, 2001 and orally moved the court for a voluntary dismissal of this case. Plaintiff had been receiving advice of counsel prior to and on March 15, 2001, although his attorney did not file an appearance. The defendant has yet to be served in this case.
This Court therefore recommends that plaintiff's oral motion for a voluntary dismissal without prejudice be granted.