Collins-Bey v. Hulick et al

Filing 31

MEMORANDUM AND ORDER ADOPTING 26 REPORT AND RECOMMENDATIONS in its entirety. Denying 21 MOTION for Summary Judgment filed by Donald A. Hulick, William P. Spiller, I. Signed by Judge J. Phil Gilbert on 5/27/11. (bkl)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
GREGORY COLLINS-BEY,
Plaintiff,
v.

Case No. 09-cv-921-JPG

DONALD A. HULICK, et al.,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on Magistrate Judge Philip M. Frazier’s Report and
Recommendation (“R & R”) (Doc. 26) of May 2, 2011, wherein it is recommended that
Defendants Hulick and Spiller’s Motion for Summary Judgment (Doc. 21) be denied.
Defendants did not object to the R & R.
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).

Accordingly, because Hulick and Spiller failed to object, the Court

will be reviewing Judge Frazier’s R & R for clear error, instead of applying a de novo standard
of review.
The Court has reviewed the entire file and finds that the R & R is not clearly erroneous.

Accordingly, the Court hereby ADOPTS the R & R (Doc.26) in its entirety, whereby the Court
DENIES Defendants Hulick and Spiller’s Motion for Summary Judgment (Doc. 21).
IT IS SO ORDERED
DATED: May 27, 2011
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE