Opinion
CAUSE NO. 3:07-CV-445 JTM.
February 20, 2008
REPORT AND RECOMMENDATION
On September 19, 2007, this matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) to conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for the disposition of Plaintiff's complaint. On December 6, 2007, this Court issued an order requiring Plaintiff, who is proceeding pro se, and Defendant to file a brief status report with this Court in order for it to establish deadlines pursuant to Fed.R.Civ.P. 16. Defendant responded to this Court's order, but after receiving no response from Plaintiff, this Court issued an order to show cause directing Plaintiff to explain why he failed to comply with this Court's order and why his case should not be dismissed for failure to prosecute his claim. As of this date, Plaintiff has still not responded to this Court's initial order or the order to show cause, despite this Court's warning pursuant to Timms v. Frank, 953 F.2d 281, 285-86 (7th Cir. 1992) and Lewis v. Faulkner, 689 F.2d 100 (7th Cir. 1982), that failure to do so may result in a dismissal of his case.
Under Fed.R.Civ.P. 41, a plaintiff's case may be dismissed for his failure to prosecute his claim or to comply with court orders. Plaintiff has failed to comply with two court orders, and has provided no written documentation explaining his inaction. This Court can only assume that Plaintiff has abandoned his case. Consequently, for the aforementioned reasons, this Court RECOMMENDS that Plaintiff's case be DISMISSED WITHOUT PREJUDICE.
NOTICE IS HEREBY GIVEN that within ten (10) days after being served with a copy of this recommended disposition a party may serve and file specific, written objections to the proposed findings and/or recommendations. Fed.R.Civ.P. 72(b). FAILURE TO FILE OBJECTIONS WITHIN THE SPECIFIED TIME WAIVES THE RIGHT TO APPEAL THE DISTRICT COURT'S ORDER.