Tynes v. Illinois Veterans Home et al

Filing 21

ORDER ADOPTING 20 REPORT AND RECOMMENDATIONS entered by Judge Michael P. McCuskey on 10/2/12. The Motion to Dismiss 10 filed by AFSCME Council 31 is GRANTED; AFSCME Council 31 is terminated as a Defendant in this action. The Motion to Dismiss [16 ] filed by Illinois Veterans Home (Illinois Department of Veterans' Affairs) is GRANTED; Illinois Department of Veterans' Affairs is terminated as a Defendant in this action. This case is terminated. See written Order. (Copy mailed to Celeste Tynes, 175 N Hunter, Kankakee, IL 60901.) (KM, ilcd)

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E-FILED Tuesday, 02 October, 2012 03:03:00 PM Clerk, U.S. District Court, ILCD UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS URBANA DIVISION ) ) ) ) ) ) ) ) ) ) ) ) CELESTE TYNES, Plaintiff, v. ILLINOIS VETERANS HOME, and COUNSEL 31 AFSCME, Defendants. Case No. 12-2082 ORDER On July 16, 2012, Magistrate Judge David G. Bernthal filed a Report and Recommendation (# 20) in the above cause. Judge Bernthal recommended granting the Motion to Dismiss (# 10) filed by Defendant AFSCME Council 31 and granting the Motion to Dismiss (#16) filed by Defendant Illinois Department of Veterans’ Affairs. Neither party filed an objection to Judge Bernthal’s Recommendation 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. This court has carefully reviewed Judge Bernthal’s Report and Recommendation. Following this court’s careful de novo review of the Report and Recommendation, this court agrees with Judge Bernthal’s thorough and well-supported analysis recommending that the two Motions to Dismiss (#10, #16) should be granted. Accordingly, those recommendations are accepted by this court. IT IS THEREFORE ORDERED THAT: (1) The Report and Recommendation (# 20) is accepted by this court. (2) The Motion to Dismiss (# 10) filed by AFSCME Council 31 is GRANTED. AFSCME Council 31 is terminated as a Defendant in this action. (3) The Motion to Dismiss (# 16) filed by Illinois Veterans Home (Illinois Department of Veterans’ Affairs) is GRANTED. Illinois Department of Veterans’ Affairs is terminated as a Defendant in this action. (4) This case is terminated. ENTERED this 2nd day of October, 2012 s/ Michael P. McCuskey MICHAEL P. McCUSKEY UNITED STATES DISTRICT JUDGE

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