Whitmore v. Snyder et al

Filing 190

ORDER ADOPTING IN ITS ENTIRETY REPORT AND RECOMMENDATIONS 189 , denying 180 Motion for Summary Judgment filed by Major Moore. Signed by Judge J. Phil Gilbert on 11/4/2011. (dka, )

IN UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
TROY D. WHITMORE,
Plaintiff,
v.

Case No. 3:04-cv-00837-JPG-PMF

DONALD SNYDER, et al.,
Defendants.
ORDER
This matter comes before the Court on Magistrate Judge Philip M. Frazier’s Report and
Recommendation (“R & R”) (Doc. 189) of October 7, 2011, wherein it was recommended
Defendant Major Moore’s motion for summary judgment (Doc. 180) and memorandum in
support (Doc. 181) be denied. The Plaintiff filed a response in opposition to the motion for
summary judgment (Doc. 183). After reviewing a magistrate judge’s report and
recommendation, the Court may accept, reject or modify, in whole or in part, the findings or
recommendations of the magistrate judge in the report. Fed. R. Civ. P. 72(b). The Court has
discretion to conduct a new hearing and may consider the record before the magistrate judge
anew or receive any further evidence deemed necessary. Id.
The Court must review de novo the portions of the report to which specific written
objections are made. Id. “If no objection or only partial objection is made, the district court
Judge reviews those unobjected portions for clear error.” Johnson v. Zema Sys. Corp., 170 F.3d
734, 739 (7th Cir. 1999). No objections were made to the R&R by either party and after
reviewing it, the Court finds it to be an accurate statement of the law as applied to Defendant
Major Moore. There are contested factual issues remaining in this matter which render it
inappropriate for the Court to render summary judgment.

Accordingly, the Court hereby ADOPTS the R & R (Doc.189) in its entirety and
DENIES Defendant Major Moore’s motion for summary judgment (Doc. 180).
IT IS SO ORDERED.
DATED: November 4, 2011
s./ J. Phil Gilbert____
J. PHIL GILBERT
DISTRICT JUDGE