Beasley v. Hairrs et al

Filing 59

MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS 54 . The Court dismisses Harris and Obadina without prejudice. Beasley may move for reinstatement of Harris or Obadina if he obtains their current address. Signed by Judge J. Phil Gilbert on 8/23/2011. (dka, )

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
JACK A. BEASLEY,
Plaintiff,
vs.
E. HAIRRS, C/O, et al.,
Defendants.

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Case No. 10-cv-587-JPG-PMF

MEMORANDUM AND ORDER

This matter comes before the Court on Magistrate Judge Philip M. Frazier’s Report
and Recommendation (“R & R”) (Doc. 54) of July 21, 2011, wherein it is recommended that
the Court dismiss Defendants E. Harris and Olukunle Obadina for failure to timely serve
process pursuant to Federal Rule of Civil Procedure 4(m). Plaintiff Jack Beasley did not file
an objection to the R & R.
After reviewing a report and recommendation, the Court may accept, reject, or
modify, in whole or in part, the findings or recommendations of the magistrate judge in the
report. Fed. R. Civ. P. 72(b). The Court must review de novo the portions of the report to
which objections are made. The Court has discretion to conduct a new hearing and may
consider the record before the magistrate judge anew or receive any further evidence deemed
necessary. 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).
Here, again, Beasley has not filed an objection to the R & R. The Court has reviewed
the R & R for clear error and finds that it is not clearly erroneous. As such, the Court
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ADOPTS the R & R (Doc. 54) in its entirety, whereby the Court DISMISSES Harris and
Obadina without prejudice pursuant to Federal Rule of Civil Procedure 4(m). Beasley may
move for reinstatement of Harris or Obadina if he obtains their current addresses.
IT IS SO ORDERED
DATED: August 23, 2011
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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