Hildebrand v. America et al

Filing 37

ORDER entered by Judge Joe Billy McDade on 10/11/2013. IT IS THEREFORE ORDERED that the Court ADOPTS the Report and Recommendation of the Magistrate Judge 35 in full. Accordingly, Defendant Freddy Garrido's Motion to Dismiss 23 is GRANTED IN PART. The claims against Defendant Garrido are DISMISSED WITHOUT PREJUDICE for lack of personal jurisdiction. The request to dismiss for improper venue is DENIED AS MOOT. This matter is REFERRED BACK to Magistrate Judge Cudmore for further pretrial proceedings. (JS, ilcd)

E-FILED

Friday, 11 October, 2013 01:46:17 PM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
PEORIA DIVISION
TONY HILDEBRAND,

)
)
)
Plaintiff,
)
)
v.
)
UNITED STATES OF AMERICA,
)
ASSISTANT WARDEN JONES,
)
WARDEN RICARDO RIOS, DR. SCOTT )
MOATS, ASSISTANT HEALTH
)
SERVICES ADMINISTRATOR
)
DILTELMAN, and HEALTH SERVICES )
ADMINISTRATOR FREDDY GARRIDO, )
)
)
Defendants.

Case No. 13-cv-1233

ORDER & OPINION
This matter is before the Court on Defendant Freddy Garrido’s Motion to
Dismiss (Doc. 23), and Magistrate Judge Cudmore’s Report & Recommendation
(“R&R”) recommending the Motion be granted in part (Doc. 35).
The parties were notified that failure to object to Judge Cudmore’s September
23, 2013, R&R within fourteen days after service would constitute a waiver of any
objections. (Doc. 35 at 11-12) (citing 28 U.S.C. § 636(b)(1); Video Views, Inc. v.
Studio 21, Ltd., 797 F.2d 538, 539 (7th Cir. 1986)). Objections to the R&R were due
by October 10, 2013, and none were filed. This Court has reviewed the R&R, and
will adopt it in its entirety.
IT IS THEREFORE ORDERED that the Court ADOPTS the Report and
Recommendation of the Magistrate Judge (Doc. 35) in full. Accordingly, Defendant
Freddy Garrido’s Motion to Dismiss (Doc. 23) is GRANTED IN PART. The claims

against Defendant Garrido are DISMISSED WITHOUT PREJUDICE for lack of
personal jurisdiction. The request to dismiss for improper venue is DENIED AS
MOOT. This matter is REFERRED BACK to Magistrate Judge Cudmore for further
pretrial proceedings.

Entered this 11th day of October, 2013.

s/ Joe B. McDade
JOE BILLY McDADE
United States Senior District Judge

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