Case No. 17-2034.


United States District Court, C.D. Illinois, Urbana Division.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Civil Rights Act
Nature of Suit: 440 Civil Rights: Other
Source: PACER

Attorney(s) appearing for the Case

Sha'Tyra Hawkins, Plaintiff, Pro Se.


ERIC I. LONG, Magistrate Judge.

On February 10, 2017, Plaintiff filed her Complaint against Defendants Christopher Aikman and Thomas Petrilli. Pursuant to Federal Rule of Civil Procedure 4(m), Plaintiff was required to serve summons on Defendant within 90 days after her Complaint was filed. Plaintiff, therefore, should have served summons on Defendant by May 10, 2017.

By May 31, 2017, 21 days after the deadline for service, Plaintiff had failed to file any proof of service. The Court, therefore, entered an Order to Show Cause (#2) as to why this case should not be dismissed pursuant to Federal Rule of Civil Procedure 41(b) for her failure to serve summons. The Order required a response be filed no later than June 21, 2017. Federal Rule of Civil Procedure 41(b) provides that a court may dismiss a plaintiff's case if said plaintiff fails to prosecute the case or comply with the Federal Rules or a court order. FED. R. CIV. P. 41(b); Link v. Wabash R. Co., 370 U.S. 626, 630-31 (1962). To date, Plaintiff has failed to respond to the Order.

Accordingly, the Court recommends that Plaintiff's case be DISMISSED for lack of prosecution pursuant to Federal Rule of Civil Procedure 41(b). The parties are advised that any objection to this recommendation must be filed in writing with the clerk within fourteen (14) days after being served with a copy of this Report and Recommendation. See 28 U.S.C. § 636(b)(1). Failure to object will constitute a waiver of objections on appeal. Video Views, Inc. v. Studio 21, Ltd., 797 F.2d 538, 539 (7th Cir. 1986)


1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases