Henson v. Kennon et al

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATIONS 27 re 1 Complaint filed by James R Henson. Count II of complaint dismissed with prejudice. Clerk of Court to enter judgment accordingly at close of case. Signed by Judge J. Phil Gilbert on 9/29/2011. (dka, )

IN UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JAMES R. HENSON,
Plaintiff,
v.

Case No. 3:10-CV-00795-JPG-PMF

JEREMY KENNON,
Defendant.
ORDER
This matter comes before the Court on Magistrate Judge Philip M. Frazier’s Report and
Recommendation (“R & R”) (Doc. 27) of September 9, 2011, wherein it is recommended that
Count II of Plaintiff’s complaint be dismissed. Plaintiff James Henson did not object to the R &
R. 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). Accordingly, because James Henson failed to object, the Court will be
reviewing Judge Frazier’s R & R for clear error, instead of applying a de novo standard of
review.

After reviewing the Report and Recommendation prepared by Magistrate Judge Phillip M.
Frazier, the Court finds there is no clear error.
Accordingly, the Court ADOPTS the R&R (Doc. 27) in its entirety and DISMISSES
Count II of the complaint.

The Court directs the Clerk of Court to enter judgment accordingly at the close of the case.

IT IS SO ORDERED.
DATED: September 29, 2011.

s./ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE