Spivey v. Furlow et al

Filing 112

MEMORANDUM AND ORDER ADOPTING 98 REPORT AND RECOMMENDATIONS in its entirety; Granting 77 MOTION for Summary Judgment filed by James Turley, Sr. James Turley, Sr. dismissed from this case with prejudice. Clerk of Court to enter judgment accordingly. The Court Denies as moot motions 99-111. Signed by Judge J. Phil Gilbert on 5/14/12. (bkl)

IN UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
WILLIAM O. SPIVEY,
Plaintiff,
Case No. 3:10-cv-00689

v.
SEAN FURLOW, et al.,
Defendants.

MEMORANDUM & ORDER
This matter comes before the Court on Magistrate Judge Philip M. Frazier’s Report and
Recommendation (R&R) (Doc.98) wherein it is recommended that defendant Furlow’s motion for
summary judgment (Doc. 77) be granted. Plaintiff Spivey filed a response in opposition to the motion
(Doc. 80).

After reviewing a magistrate judge’s 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 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. The Court must review de novo the portions of the report to which specific written
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). Spivey has objected to the R&R, however, his objection does not
pertain to any material covered in the R&R (Doc. 105). Instead, Spivey’s objection which is
handwritten in tiny print with each line overlapping the next on one piece of paper making it
almost indecipherable, re-argues the merits of his case.

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Furlow filed his motion for summary judgment (Doc. 77) on the basis of exhaustion of
remedies. Magistrate Judge Frazier has reviewed the motion and objection and correctly assessed
the case law regarding the exhaustion requirement in the Seventh Circuit. After holding a Pavey
hearing, Magistrate Judge Frazier determined that Spivey failed to exhaust his administrative
remedies. Spivey does not argue in his objection that he did exhaust his remedies or present any
information regarding the exhaustion of remedies.
After reviewing the R&R, the Court finds it is correct and ADOPTS it in its entirety
(Doc. 98). The Court therefore GRANTS Furlow’s motion (Doc. 77) and DISMISSES him from
this case with prejudice. As there are no remaining defendants in this case, the Court DIRECTS
the Clerk of Court to enter judgment accordingly. Further, the Court DENIES as moot motions
99-111.
IT IS SO ORDERED.
DATED: May 14, 2012
s./ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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