Towns v. Cowan et al

Filing 138

MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS 131 in its entirety. Denying 96 Motion for Summary Judgment and denying 115 Motion for Default Judgment. Signed by Judge J. Phil Gilbert on 12/16/2011. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
SHERRELL C. TOWNS,
Plaintiff,
v.

Case No. 10-cv-264-JPG-PMF

REBECCA COWAN, et al.,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc. 131) of
Magistrate Judge Philip M. Frazier recommending that the Court deny the motion for summary judgment
filed by defendants Keith Anderson, Rebecca Cowan, Daniel Dunn, John Inman, Thomas Maue, Thomas
Mezo, Craig Mitchell, Russell Niepert and Krista Schorn (Doc. 96) and the motion for default judgment
filed by plaintiff Sherrell C. Towns (Doc. 115).
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. 131) and DENIES the motion for summary judgment filed by defendants Keith Anderson,
Rebecca Cowan, Daniel Dunn, John Inman, Thomas Maue, Thomas Mezo, Craig Mitchell, Russell
Niepert, and Krista Schorn (Doc. 96) and the motion for default judgment filed by plaintiff Sherrell C.
Towns (Doc. 115).
IT IS SO ORDERED.
DATED: December 16, 2011
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE