Dornbush v. Zuercher et al

Filing 30

ORDER granting 27 motion to dismiss and adopting 28 report and recommendations. The case is closed, and the Clerk is instructed to enter judgment accordingly. Signed by Chief Judge David R. Herndon on 12/13/2011. (msdi)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

KAREN SUE DORNBUSH,
Petitioner,
v.
DENNY SMITH,
Respondent.

No. 09-cv-65-DRH-DGW

ORDER

HERNDON, Chief Judge:

Before the Court is a Report and Recommendation (the Report) (Doc. 28)
issued on November 22, 2011, by United States Magistrate Judge Donald G.
Wilkerson recommending that the motion to dismiss (Doc. 27) filed by respondent
Denny Smith be granted, that the case be dismissed, and that the Court adopt the
following findings of fact and conclusions of law. Upon issuance, the Report was sent
to the parties with a notice informing them of their right to appeal by way of filing
“objections” by December 9, 2011. To date, none of the parties have filed objections,
and the period in which to file objections has expired. Therefore, pursuant to 28
U.S.C. § 636(b), this Court need not conduct de novo review. Thomas v. Arn, 474
U.S. 140, 149-52 (1985). Thus, the Court ADOPTS the Report in its entirety (Doc.
28). Respondent Smith’s motion to dismiss is granted and the case is closed. The

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Clerk is to enter judgment accordingly.
IT IS SO ORDERED.
Signed this 13th day of December, 2011.

David R. Herndon
2011.12.13
10:09:38 -06'00'
Chief Judge
United States District Court

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