Brown v. Hertz et al

Filing 41

REPORT AND RECOMMENDATION RECOMMENDING that re 23 the MOTION to Dismiss filed by defendants Fritschele and Besson be GRANTED as follows: that plaintiff's official capacity claims and claims for injunctive relief should be DISMISSED as to Frits chele and Beeson and, if this recommendation is adopted, plaintiff's individual capacity claims against Fritschele and Beeson will remain; and FURTHER RECOMMENDING that re 27 the MOTION to Dismiss filed by defendants Gilbert and McGuire be DENIED without prejudice. Objections to R&R due by 3/10/2009. Signed by Magistrate Judge Philip M. Frazier on 2/19/08. (Attachments: # 1 R&RObjectionNoticeESL)(mta)

PURSUANT to Title 28 U.S.C. §636(b) and Rule 73.1(b) of the Local Rules of Practice in the United States District Court for the Southern District of Illinois, any party may serve and file written OBJECTIONS to this Report and Recommendation/ Proposed Findings of Fact and Conclusions of Law within ten days of service. Please note: You are not to file an appeal as to the Report and Recommendation/Proposed Findings of Fact and Conclusions of Law. At this point, it is appropriate to file OBJECTIONS, if any, to the Report and Recommendation/ Proposed Findings of Fact and Conclusions of Law. An appeal is inappropriate until after the District Judge issues an Order either affirming or reversing the Report and Recommendation/ Proposed Findings of Fact and Conclusions of Law of the U.S. Magistrate Judge. Failure to file such OBJECTIONS shall result in a waiver of the right to appeal all issues, both factual and legal, which are addressed in the Report and Recommendation/Proposed Findings of Fact and Conclusions of Law. Video Views, Inc. v Studio 21,
Ltd. and Joseph Sclafani, 797 F.2d 538 (7th Cir. 1986).

You should e-file/mail your OBJECTIONS to the Clerk, U.S. District Court at the address indicated below:
G

301 West Main St. Benton IL 62812

: 750 Missouri Ave.
P.O. Box 249 East St. Louis, IL 62202

Revised 9/29/99