Lymon v. Wexford Health Service, Inc. et al

Filing 107

ORDER: Before the court is a report and recommendation ("R&R") 106 from the magistrate judge that, in response to defendants' affirmative defense of failure to exhaust administrative remedies, and after conducting a hearing under Pavey v. Conley, 544 F.3d 739, 742 (7th Cir. 2008), this court dismiss plaintiff's claims against Dr. James without prejudice and all claims against the remaining defendants be allowed to proceed. Accordingl y, there being no written objection to the magistrate judge's R&R, 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 record and the R&R, the court accepts the R&R and dismisses without prejudice the claim against Dr. James. Signed by the Honorable Frederick J. Kapala on 12/3/2018. Mailed notice (jk, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS Anthony C. Lymon (B05489), Plaintiff, v. Wexford Health Service, Inc., et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Case No: 17 CV 50093 Judge Frederick J. Kapala Magistrate Judge Iain D. Johnston ORDER Before the court is a report and recommendation (“R&R”) [106] from the magistrate judge that, in response to defendants’ affirmative defense of failure to exhaust administrative remedies, and after conducting a hearing under Pavey v. Conley, 544 F.3d 739, 742 (7th Cir. 2008), this court dismiss plaintiff’s claims against Dr. James without prejudice and all claims against the remaining defendants be allowed to proceed. Accordingly, there being no written objection to the magistrate judge’s R&R, 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 record and the R&R, the court accepts the R&R and dismisses without prejudice the claim against Dr. James. Date: 12/3/2018 ENTER: _________________________ FREDERICK J. KAPALA District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?