Jackson v. Schnicker et al

Filing 47

MEMORANDUM AND ADOPTING REPORT AND RECOMMENDATIONS 46 . The Court grants in part and denies in part 37 MOTION for Summary Judgment filed by Michael Schnicker, Minh Scott, Ronald Williams. Clerk of Court to enter judgment accordingly at the close of the case. Signed by Judge J. Phil Gilbert on 10/13/2011. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DENNIS JACKSON,
Plaintiff,
v.

Case No. 10-cv-68-JPG

MICHAEL SCHNICKER, RONALD
WILLIAMS and MINH SCOTT,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc.
46) of Magistrate Judge Philip M. Frazier recommending that the Court grant in part and deny in
part the defendants’ motion for summary judgment (Doc. 37).
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. 46);

•

GRANTS in part and DENIES in part the defendants’ motion for summary judgment
(Doc. 37). The motion is granted to the extent it seeks summary judgment on Count 2
(deliberate indifference to a serious medical need in violation of the Eighth Amendment)

on the basis of qualified immunity. The motion is denied in all other respects; and
•

DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case.

IT IS SO ORDERED.
DATED: October 13, 2011
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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