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, )

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.

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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