Wilkins et al v. True Green Lawn Care et al

Filing 57

ORDER entered by Judge Michael P. McCuskey on 6/13/12. The Report and Recommendation 44 is accepted by this court. Defendant Village of Rantoul's Motion to Dismiss 21 is GRANTED. Plaintiffs' Motions to Amend their Complaint 25 38 ar e DENIED. Plaintiffs' Complaint 1 is DISMISSED without prejudice. This case is terminated and all remaining outstanding motions are dismissed as MOOT. See written Order. (Copy mailed to plaintiffs Angela M Wilkins and Duane E Wilkins; and mailed to defendants Sue Ellen Smith and Vance Johnson at addresses on docket.) (KM, ilcd)

E-FILED

Wednesday, 13 June, 2012 02:34:44 PM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
URBANA DIVISION
DUANE E. WILKINS and
ANGELA M. WILKINS,
Plaintiffs,
v.
TRUE GREEN LAWN CARE, et al.,
Defendants.

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Case No. 11-2302

ORDER

On May 11, 2012, Magistrate Judge David G. Bernthal filed a Report and
Recommendation (#44) in this case. Judge Bernthal recommended that: (1) Defendant
Village of Rantoul’s Motion to Dismiss (#21) be granted; (2) Plaintiffs’ pending Motions
to Amend their Complaint (#25; #38) be denied; and (3) Plaintiffs’ Complaint (#1) be
dismissed sua sponte in its entirety as to all Defendants without prejudice.
Neither party filed an objection1 to Judge Bernthal’s Report and Recommendation
(#44) within fourteen days after being served with a copy, as allowed by 28 U.S.C. §
636(b)(1), therefore both parties have waived any objection to the issues resolved in the
Report and Recommendation (#44). See Video Views, Inc. v. Studio 21, Ltd., 797 F.2d
538, 539 (7th Cir. 1986). This court has carefully reviewed Judge Bernthal’s Report and

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Although Plaintiffs have continued to file nearly incomprehensive documents with this
court after the Report and Recommendation (#44) was entered on May 11, 2012, no filings refer
to the Report and Recommendation (#44), or contain any language which could reasonably be
construed as an objection.

Recommendation (#44). Following this careful and thorough review, this court agrees
with and accepts Judge Bernthal’s Report and Recommendation (#44) in its entirety.
Accordingly, this court agrees that Defendant Village of Rantoul’s Motion to Dismiss
(#21) should be granted, that Plaintiffs’ pending Motions to Amend their Complaint (#25;
#38) should be denied, and that Plaintiffs’ Complaint (#1) should be dismissed sua sponte
in its entirety as to all Defendants without prejudice.
IT IS THEREFORE ORDERED THAT:
(1) The Report and Recommendation (#44) is accepted by this court.
(2) Defendant Village of Rantoul’s Motion to Dismiss (#21) is GRANTED.
(3) Plaintiffs’ Motions to Amend their Complaint (#25; #38) are DENIED.
(4) Plaintiffs’ Complaint (#1) is DISMISSED without prejudice. This case is
terminated.
(5) All remaining outstanding motions are dismissed as MOOT.
Entered this 13th day of June, 2012
s/MICHAEL P. McCUSKEY
U.S. DISTRICT JUDGE

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