Jenkins v. Hathaway et al

Filing 44

MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS 43 . Granting defendant James' motion for sanctions 41 . The Court dismisses with prejudice Jenkins' claims against James. The Court dismisses without prejudice Jenkins' claims against Jane Doe and directs the Clerk of Court to enter judgment accordinly. Signed by Judge J. Phil Gilbert on 6/14/2011. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
GEORGE JENKINS, JR.,
Plaintiff,
v.

Case No. 09-cv-914-JPG

JUDY HATHAWAY, MS. JAMES and
JANE DOE,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc.
43) of Magistrate Judge Philip M. Frazier recommending that the Court (1) grant defendant
Debora James’ motion for sanctions (Doc. 41) and dismiss plaintiff George Jenkins, Jr.’s claims
against her with prejudice pursuant to Federal Rule of Civil Procedure 37 and (2) dismiss
Jenkins’ claim against defendant Jane Doe without prejudice for lack of timely service of
process.
The Court may accept, reject or modify, in whole or in part, the findings or
recommendations of the magistrate judge in a report and recommendation. Fed. R. Civ. P.
72(b)(3). The Court must review de novo the portions of the report to which 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 Systems Corp., 170 F.3d 734, 739
(7th Cir. 1999).
The Court has received no objection to the Report. The Court has reviewed the entire file
and finds that the Report is not clearly erroneous. Accordingly, the Court hereby:
•

ADOPTS the Report in its entirety (Doc. 43);

•

GRANTS defendant James’ motion for sanctions (Doc. 41);

•

DISMISSES with prejudice Jenkins’ claims against James pursuant to Federal Rule of
Civil Procedure 37 for failure to comply with discovery;

•

DISMISSES without prejudice Jenkins’ claims against Jane Doe pursuant to Federal
Rule of Civil Procedure 4(m) for failure to timely serve her with process; and

•

DIRECTS the Clerk of Court to enter judgment accordingly.

IT IS SO ORDERED.
DATED: June 14, 2011
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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