Towns v. Cowan et al

Filing 110

MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS 102 re 1 Complaint filed by Sherrell C Towns. The Court dismisses John Doe #2 with prejudice. The Court denies as moot 92 MOTION for Extension of Time filed by Sherrell C Towns. The Court directs the Clerk of Court to enter judgment accordingly at the close of the case. Signed by Judge J. Phil Gilbert on 8/22/2011. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
SHERRELL C. TOWNS,
Plaintiff,
Case No. 10-cv-264-JPG-PMF

v.
REBECCA COWAN, et al.,
Defendants.

MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc. 102) of
Magistrate Judge Philip M. Frazier recommending that the Court dismiss plaintiff Sherrell C. Towns’
remaining claim against John Doe # 2 (the part of Count 2 containing a claim for meal deprivation) as timebarred and deny his motion for an extension of time as moot (Doc. 92).
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. 102), DISMISSES the remaining claim against John Doe # 2 (the part of Count 2 containing a claim
for meal deprivation) with prejudice, DENIES Towns’ motion for an extension of time (Doc. 92) as moot,
and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case. John Doe # 2 is
terminated from this action.
IT IS SO ORDERED.
DATED: August 22, 2011
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE