Tompkins v. Whiteside County Jail et al

Filing 76

ORDER Adopting Report and Recommendations: Before the court is a report and recommendation ("R&R") 70 by the magistrate judge that defendants' affirmative defense of failure to exhaust administrative remedies be rejected and this ac tion proceed to the merits of plaintiff's claims. After being afforded a sufficient opportunity, neither party has offered any objection to the R&R. Accordingly, there being no written objection to the R&R of the magistrate judge, see 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); Thomas v. Arn, 474 U.S. 140, 149-50 (1985), and the court having reviewed the R&R, the court accepts the R&R and rejects defendants' affirmative defense of failure to exhaust administrative remedies and this action shall proceed to the merits of plaintiff's claims. Signed by the Honorable Frederick J. Kapala on 2/26/2018. Mailed notice (kms)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ILLINOIS
Shawn Tompkins,
Plaintiff,
v.
Whiteside County Jail, et al.
Defendants.

)
)
)
)
)
)
)
)
)

Case No: 15 C 50206

Judge Frederick J. Kapala

ORDER
Before the court is a report and recommendation (“R&R”) [70] by the magistrate judge that
defendants’ affirmative defense of failure to exhaust administrative remedies be rejected and this
action proceed to the merits of plaintiff’s claims. After being afforded a sufficient opportunity,
neither party has offered any objection to the R&R. Accordingly, there being no written objection
to the R&R of the magistrate judge, see 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); Thomas v.
Arn, 474 U.S. 140, 149-50 (1985), and the court having reviewed the R&R, the court accepts the
R&R and rejects defendants’ affirmative defense of failure to exhaust administrative remedies and
this action shall proceed to the merits of plaintiff’s claims.

Date: 2/26/2018

ENTER:
_________________________
FREDERICK J. KAPALA
District Judge