Totton v. Hughes et al

3:24-cv-02353Ilsd24.11.2025

Gesamter Gesetzestext

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
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DAMEIAN TOTTON,
Plaintiff,
v.
JULIA CAMMARILLO and JASMINE
ROBINSON,
Defendants.
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Case No. 24-cv-2353-RJD
ORDER
DALY, Magistrate Judge:
Plaintiff filed this lawsuit pro se pursuant to 42 U.S.C. §1983, alleging that Defendants
violated his Eighth Amendment rights at Lawrence Correctional Center. 	Doc. 1. 	The Court
entered an Initial Scheduling Order that gave Plaintiff a deadline of July 8, 2025 to provide
Defendants with his Initial Disclosures. 	Doc. 29. 	On September 9, 2025, Defendants filed a
Motion to Compel, explaining to the Court that they had never received Plaintiff’s Initial
Disclosures. 	Doc. 30. 	Plaintiff did not respond to the Motion to Compel. 	The Court granted
the motion on September 25, 2025 and ordered Plaintiff to send his Initial Disclosures to
Defendants by October 8, 2025. 	Doc. 31. 	On October 17, 2025, Defendants filed a Motion to
Dismiss for lack of prosecution, explaining that they had not received the disclosures. 	Doc. 34.
Defendants requested dismissal with prejudice.
More than five weeks later (as of the date of this order), Plaintiff has not filed a Response
to the Motion to Dismiss. 	It appears that Plaintiff has lost interest in this case. 	Federal Rule of
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Civil Procedure 41(b) permits the Court to grant a motion to dismiss a case for the plaintiff’s failure
to prosecute. 	Dismissal is appropriate here because Plaintiff failed to comply with the Court’s
two previous Orders. 	Docs. 29 and 31. 	Consequently, Defendants’ Motion (Doc. 34) is
GRANTED and this case is DISMISSED WITH PREJUDICE. 	All pending deadlines are
VACATED. 	The Clerk of Court is directed to enter judgment accordingly.
IT IS SO ORDERED.
DATED: 	November 24, 2025
s/ 	Reona J. Daly
Hon. Reona J. Daly
United States Magistrate Judge
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