Davis v. Wahl et al

Filing 99

MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS 98 and 64 MOTION for Summary Judgment filed by Dr Shepherd. Dr. Shepherd dismissed from this case. Signed by Judge J. Phil Gilbert on 1/2/2013. (dka, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JOSEPH DAVIS,
Plaintiff,
vs.

Case No. 10-cv-971-JPG-PMF

DR. WAHL and DR. SHEPHERD,
Defendants.
MEMORANDUM AND ORDER
This matter is before the Court on the Report and Recommendation (“R & R”) (Doc. 98) of
Magistrate Judge Philip M. Frazier recommending the Court grant defendant Dr. Shepherd’s motion for
summary judgment (Doc. 64) seeking a ruling on his affirmative defense of failure to exhaust administrative
remedies.
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. 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).
The Court has received no objection to the R & R. The Court has reviewed the entire file and finds
that the R & R is not clearly erroneous. Accordingly, the Court hereby ADOPTS the R & R (Doc. 98) in its
entirety. Specifically, the Court GRANTS defendant Dr. Shepherd’s motion for summary judgment (Doc.
64), and DISMISSES Defendant Dr. Shepherd from this case.
IT IS SO ORDERED.
DATED: January 2, 2013
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE