CORE v. BARNES

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
DEREK CORE, 	)
)
Plaintiff, 	)
)
v. 	) 	No. 2:24-cv-00621-MPB-MJD
)
BARNES, 	)
)
Defendant. 	)
REPORT AND RECOMMENDATION
On November 25, 2025, Defendant filed a Motion for Extension of Time to Conduct
Exhaustion Discovery and Related Deadlines, which represented that Plaintiff Core had failed to
respond to any of the exhaustion discovery served by Defendant. [Dkt. 29.] On December 1,
2025, the Court scheduled a hearing on Defendant's motion on December 11, 2025; the order
specifically required Plaintiff Derek Core to appear in person at the hearing. [Dkt. 30.] Plaintiff
failed to appear for the hearing as ordered. [Dkt. 32.]
The Court then issued an Order to Show Cause that ordered Plaintiff Core to appear, in
person, on January 6, 2026, to show cause why he should not be sanctioned for his failure to
comply with the order to appear at the December 11, 2025 hearing. [Dkt. 31.] That Order
further provided: "Derek Core is hereby advised that, if he again fails to appear for the show
cause hearing, the Court will recommend the dismissal of this case for his repeated failure
to comply with the Court's orders." [Id. at 1 (emphasis in original).] Plaintiff again did not
appear.
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Given Plaintiff's failure to comply with two orders to appear, the Undersigned believes
that dismissal of this case pursuant to Federal Rule of Civil Procedure 41(b) is appropriate.
Accordingly, the Undersigned RECOMMENDS that this case be dismissed, with prejudice.
Any objections to the Magistrate Judge’s Report and Recommendation shall be filed with
the Clerk in accordance with 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72(b), and failure to
timely file objections within fourteen days after service shall constitute a waiver of subsequent
review absent a showing of good cause for such failure.
SO ORDERED.
Dated: 8 JAN 2026
Distribution:
All ECF-registered counsel of record via email
Derek Core
1848 Ludlow Ave.
Indianapolis, IN 46201
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