Perry v. Lewis et al

Filing 24

ORDER entered by Chief Judge Michael P. McCuskey on 9/16/08. The Report and Recommendation 20 is accepted by this court. Defendants' Motion to Dismiss 7 is GRANTED. The Complaint 1 against Defendants Ghibaudy and the Village of Belgium is dismissed with prejudice. This case is referred to the Magistrate Judge for further proceedings. See written Order. (SLJ, ilcd)

Tuesday, 16 September, 2008 10:56:53 AM Clerk, U.S. District Court, ILCD UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS URBANA DIVISION ______________________________________________________________________________ DANIELLE PERRY, Plaintiff, v. DAVID LEWIS, DALE GIBALDY, and THE VILLAGE OF BELGIUM, a municipal corporation, Defendants. ) ) ) ) ) ) ) ) ) )

E-FILED

Case No. 08-CV-2070

ORDER A Report and Recommendation (#20) was filed by Magistrate Judge David G. Bernthal in the above cause on August 18, 2008. On August 29, 2008, Plaintiff Danielle Perry filed her Objection to Report and Recommendation (#22). On September 8, 2008, Defendants Dale Ghibaudy1 and the Village of Belgium filed their Response to Plaintiff's Objection to the Report and Recommendation (#23). Following this court's careful de novo review of the Magistrate Judge's reasoning and Plaintiff's Objection, this court agrees with and accepts the Magistrate Judge's Report and Recommendation (#20). This court agrees that Defendant's Motion to Dismiss (#7) should be GRANTED.

IT IS THEREFORE ORDERED THAT: (1) The Report and Recommendation (#20) is accepted by this court.

The Court notes that Defendants have stated in a later-filed document that Defendant Ghibaudy was incorrectly designated Dale Gibaldy in earlier filings. See (#18), p.1.

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(2) Defendants' Motion to Dismiss (#7) is GRANTED. (3) The Complaint (#1) against Defendants Ghibaudy and the Village of Belgium is dismissed with prejudice. (4) This case is referred to the Magistrate Judge for further proceedings. ENTERED this 16th day of September, 2008 s/ Michael P. McCuskey MICHAEL P. McCUSKEY CHIEF U.S. DISTRICT JUDGE

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