UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION

RAFAEL ROSA, III, ) ) Plaintiff, ) ) v. ) No. 2:23-cv-00548-JMS-MJD ) CENTURION HEALTH OF INDIANA, LLC, ) WHITNEY MOORE DDS, ) SAMUEL J. BYRD M.D., ) KELLY J. GREEN LPN, ) BARBARA J. RIGGS RN, ) LESA WOLFE LPN, ) LEE A. MURRAY RN, ) THERESA AULER RN, ) GEOFFREY SEIDLE DDS, ) DENNIS MEYER DDS, ) ROB CARTER Commissioner, ) FRANK VANIHEL, ) KEVIN GILMORE, ) KEITH VINARDI, ) INDIANA DEPARTMENT OF CORRECTIONS, ) ) Defendants. )

ORDER DISMISSING ACTION Magistrate Judge Dinsmore recommended that this action be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(b) for Plaintiff Rafael Rosa's repeated failure to comply with the Court's orders. Dkt. 54. Specifically, Magistrate Judge Dinsmore recommended that the case be dismissed based on the following: (1) Mr. Rosa failed to maintain regular communication with his recruited counsel, causing them to seek withdrawal from the case; (2) Mr. Rosa failed to appear at a hearing to discuss his counsel's motion to withdraw; and (3) Mr. Rosa failed to appear at a hearing to show cause why he should not be sanctioned for his previous failure to appear. There has not been any objection to the report and recommendation or any motion to substitute. The Court adopts Magistrate Judge Dinsmore's report and recommendation, dkt. [54], in whole. See Cartwright v. Silver Cross Hospital,

(7th Cir. 2020) (affirming dismissal of case as a sanction after plaintiff had repeatedly refused to engage with recruited counsel and demonstrated other contumacious conduct). This action is dismissed with prejudice pursuant to Rule 41(b). The clerk is directed to enter final judgment consistent with this order. IT IS SO ORDERED.

Date: 9/4/2024 Hon. Jane Magnus-Stinson, Judge ‘United States District Court Southern District of Indiana

Distribution: RAFAEL ROSA, III 257262 PENDLETON - CF PENDLETON CORRECTIONAL FACILITY Inmate Mail/Parcels 4490 West Reformatory Road PENDLETON, IN 46064 Jeb Adam Crandall BLEEKE DILLON CRANDALL ATTORNEYS [email protected] Sean Thomas Devenney DREWRY SIMMONS VORNEHM, LLP (Carmel) [email protected] Jonathan Freije Office of Indiana Attorney General jonathan. [email protected]

Gustavo Angel Jimenez INDIANA ATTORNEY GENERAL [email protected]

Melanie A. Kalmbach DREWRY SIMMONS VORNEHM, LLP (Carmel) [email protected]

Travis W. Montgomery Bleeke Dillon Crandall, P.C. [email protected]