Hall v. Love et al

Filing 31

MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS 30 ; denying 26 Motion for Summary Judgment filed by C/O Fitch, Chaplain Love. Signed by Judge J. Phil Gilbert on 7/23/2012. (dka, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
LORENZO HALL,
Plaintiff,
Case No. 10-cv-703-JPG-PMF

vs.
CHAPLAIN LOVE, et al.,
Defendant.

MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“R & R”) (Doc. 30) of
Magistrate Judge Philip M. Frazier recommending that the Court deny the Motion for Summary Judgment (Doc.
26) of remaining Defendants Chaplain Timothy Love and Rex Fitch. The time for objections has passed, and no
objections have been filed.
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). Since no
objections were filed, the Court has reviewed Magistrate Judge Frazier’s R & R for clear error.
The Court has reviewed the entire file and finds that the R & R is not clearly erroneous. As such, the
Court hereby ADOPTS the R & R (Doc. 30), which DENIES the Motion for Summary Judgment (Doc. 26) of
Defendants Chaplain Timothy Love and Rex Fitch.

IT IS SO ORDERED.
DATED: July 23, 2012
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE