Terry v. Maue et al

Filing 82

MEMORANDUM AND ORDER ADOPTING 79 REPORT AND RECOMMENDATIONS in its entirety; Granting 44 MOTION for partial Summary Judgment filed by Jeanette Cowan, Donald A. Hulick, Nathan Maue, Major Maue, Roger E Walker. Clerk of Court to enter judgment accordingly at the close of the case. Signed by Judge J. Phil Gilbert on 6/13/12. (bkl)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CORKY TERRY,
Plaintiff,
v.

Case No. 10-cv-370-JPG-PMF

NATHAN MAUE, et al.,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc.
79) of Magistrate Judge Philip M. Frazier recommending that the Court grant the defendants’
motion for partial summary judgment (Doc. 44) and enter judgment at the conclusion of the case
on Count 3 against plaintiff Corky Terry and in favor of defendants Nathan Maue and Major
Maue, and on Count 5(b) against Terry and in favor of defendants Jeanette Cowan, Donald
Hulick, and Roger Walker.
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 Sys. 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. 79), GRANTS the defendants’ motion for partial summary judgment
(Doc. 44) and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the

case. The following claims remain for trial:
Count 1:

against Nathan Maue for excessive use of force

Count 2:

against Nathan Maue and Major Maue for deliberate
indifference to serious medical needs

IT IS SO ORDERED.
DATED: June 13, 2012
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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