KP et al v. Hamos

Filing 40

ORDER entered by Judge Michael P. McCuskey on 1/3/2013. The Report and Recommendation 37 is accepted by this court. Defendants' Motion to Dismiss Counts II, III, and IV of Amended Complaint 32 is GRANTED as to Plaintiffs' claim, in Count IV, for damages under 42 U.S.C. § 1983, and DENIED as to all other claims. This case is referred to Judge Bernthal for further proceedings. (JMW, ilcd)

E-FILED

Thursday, 03 January, 2013 04:22:10 PM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
URBANA DIVISION
______________________________________________________________________________
KP, by and through his father SP,
JF, by and through his mother AF,
DR, by and through his mother MR,
AP, by and through her mother PP,
SC, by and through her mother AT,
TR, by and through her mother CR,
Plaintiffs,
v.
JULIE HAMOS, in her official capacity as
Director of the Illinois Department of
Healthcare and Family Services,
Defendant.

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Case No. 12-CV-2044

ORDER

On October 25, 2012, Magistrate Judge David G. Bernthal filed an Amended Report
and Recommendation (#37) in the above cause. On November 7, 2012, Defendant filed an
Objection to Report and Recommendation (#38). On November 21, 2012, Plaintiffs filed a
Response to the Objection (#39).
Following this court’s careful de novo review of Judge Bernthal’s reasoning,
Defendant’s Objection and Plaintiffs’ Response, this court agrees with and accepts the
Report and Recommendation (#37). This court agrees with Judge Bernthal’s thorough and
well-supported analysis.
IT IS THEREFORE ORDERED THAT:
(1) The Report and Recommendation (#37) is accepted by this court.
(2) Defendants’ Motion to Dismiss Counts II, III, and IV of Amended Complaint

(#32) is GRANTED as to Plaintiffs’ claim, in Count IV, for damages under 42 U.S.C. §
1983, and DENIED as to all other claims.
(3) This case is referred to Judge Bernthal for further proceedings.
ENTERED this 3rd day of January, 2013.

s/MICHAEL P. McCUSKEY
U.S. DISTRICT JUDGE

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