Oakley v. Adrian et al

Filing 48

MEMORANDUM AND ORDER ADOPTING 46 REPORT AND RECOMMENDATIONS in its entirety; Denying 39 Motion to Strike and Denying without prejudice 39 MOTION for Summary Judgment filed by Jeramie Dale Oakley. Signed by Judge J. Phil Gilbert on 6/28/11. (bkl)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JERAMIE DALE OAKLEY,
Plaintiff,
v.

Case No. 10-cv-110-JPG

JUSTIN ADRIAN, et al.,
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 deny plaintiff Jeramie
Dale Oakley’s motion to strike the affirmative defense of collateral estoppel and for summary
judgment against defendant Gregory Malnar (Doc. 39).
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 ADOPTS the Report in
its entirety (Doc. 46), DENIES Oakley’s motion to strike (Doc. 39) and DENIES without
prejudice Oakley’s motion for summary judgment (Doc. 39).
IT IS SO ORDERED.
DATED: June 28, 2011

s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE