Salamon v. Autohause on Edens

Full title: EUGENE SALAMON, Plaintiff vs. AUTOHAUSE ON EDENS, ET AL., Defendant

Court: United States District Court, N.D. Illinois

Date published: Jul 19, 2001

01 C 1137 (N.D. Ill. Jul. 19, 2001)

Opinion

01 C 1137

July 19, 2001

ORDER REPORT AND RECOMMENDATION

Edward A. Bobrick, Judge

I. BACKGROUND

Plaintiff filed this case on February 20, 2001. To date, plaintiff has not made and apparently has not attempted, service on any of the defendants. Over 120 days have passed since the filing of this complaint with no service upon the defendants. Accordingly, it is recommended that this matter be dismissed pursuant to Fed.R.Civ.P. 4(m). Moreover, it is recommended that this case be dismissed also by reason of plaintiff's failure to prosecute.

On April 18, 2001, this matter was set for status with notice being given by the court to plaintiff. Plaintiff did not appear at the April 18, 2001 hearing. On that date, an order was issued mentioning plaintiff's failure to appear, and further stating that "failure of plaintiff Eugene Salamon to appear for status on 5/2/01 will result in a recommendation from this court that the case be dismissed for failure to prosecute." A copy of this order was sent by chambers to plaintiff at his residence at 919 Sheridan Rd., Evanston, Il. The May 2, 2001 court date was continued to July 17, 2001. On July 16, 2001, plaintiff contacted chambers and advised chambers that he no longer wished to proceed and prosecute this case. The plaintiff further stated that he would not appear at the next status hearing. On July 17, 2001, the case was called for status; plaintiff again failed to appear.

II. DISCUSSION

The court, may infer a lack of prosecution on various factors, including the failure to appear at scheduled hearings. GCIU Employer Retirement Fund v. Chicago Tribune, 8 Fed.3rd 1195, 1199, (7th Cir. 1993). The plaintiff has not appeared at scheduled status hearings as we had been ordered. His communication with the court indicated that he no longer was interested in pursuing this matter.

III. CONCLUSION

For the foregoing reasons, it is hereby recommended that the complaint be dismissed with prejudice by reason of Eugene Salamon's failure to prosecute his case and for his failure to comply with the orders of this court.