William L. Smith v. Matt Pemberton, et al.

Smith v. Pemberton · United States District Court for the Southern District of Illinois · December 17, 2025 · No. 3:23-cv-01458-GCS

Summary

The United States District Court for the Southern District of Illinois dismissed William L. Smith’s action with prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute and failure to comply with court orders. The court noted that Plaintiff did not respond to a motion for summary judgment, an order directing a response, or a show-cause order, and directed the Clerk to enter judgment and close the case. The order also explains the deadlines and procedures for seeking relief under Rule 59(e) or appealing to the Seventh Circuit.

Holdings

  1. Dismissal with prejudice was warranted under Federal Rule of Civil Procedure 41(b) because Plaintiff repeatedly failed to participate in the case, failed to respond to a summary-judgment motion and two court orders, and did not respond to the show-cause order.

Questions Presented

  1. Whether the action should be dismissed with prejudice under Federal Rule of Civil Procedure 41(b) because Plaintiff failed to prosecute and failed to comply with multiple court orders.

Disposition

dismissed

Cases Cited (11)

  • Sroga v. Huberman, 722 F.3d 980, 982 (7th Cir. 2013)(followed)
  • Johnson v. Chicago Bd. of Educ., 718 F.3d 731, 732-733 (7th Cir. 2013)(followed)
  • Kruger v. Apfel, 214 F.3d 784, 786-787 (7th Cir. 2000)(followed)
  • James v. McDonald's Corp., 417 F.3d 672, 681 (7th Cir. 2005)(followed)
  • Elustra v. Mineo, 595 F.3d 699, 707 (7th Cir. 2010)(followed)
  • Talano v. Northwestern Medical Faculty Foundation, Inc., 273 F.3d 757, 760 (7th Cir. 2001)(followed)
  • Blue v. Hartford Life & Acc. Ins. Co., 698 F.3d 587, 598 (7th Cir. 2012)(followed)
  • Carlson v. CSX Transp., Inc., 758 F.3d 819, 826 (7th Cir. 2014)(followed)
  • Martinez v. Trainor, 556 F.2d 818, 819-820 (7th Cir. 1977)(followed)
  • Sherman v. Quinn, 668 F.3d 421, 424 (7th Cir. 2012)(followed)

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Cited In (0)

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