Mordi v. Zeigler et al

Filing 51

ORDER ADOPTING 50 REPORT AND RECOMMENDATIONS re 45 MOTION to Strike 1 Complaint, Pursuant to F.R.C.P. 12(F) filed by Marion County Sheriffs Department and denying 45 Motion to Strike. Signed by Judge Michael J. Reagan on 7/3/12. (lmb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
UCHE PHILIP MORDI,
#08179-025

)
)
)
Plaintiff,
)
)
vs.
)
)
TODD ZEIGLER, NATHAN ZERRUSEN,
)
ROB RICH, Master Sergeant RISTVEDT, )
MYRON PANSING, GREG CHANCE,
)
GREGG HEALEY, RICHARD KAMMINGA, )
EDWARD DETERS, RALPH E. FOWLER,
)
JOHN H. MONNET, JERRY DEVORE,
)
EFFINGHAM COUNTY SHERIFF’S
)
DEPARTMENT, COUNTY OF EFFINGHAM, )
MARION COUNTY SHERIFF’S
)
DEPARTMENT, COUNTY OF MARION,
)
ILLINOIS STATE POLICE EFFINGHAM,
)
ILLINOIS STATE POLICE and STATE OF )
ILLINOIS,
)

Case No. 11-cv-0193-MJR

MEMORANDUM AND ORDER
REAGAN, District Judge:
In March 2011, Uche Mordi, an inmate in the Allenwood Federal
Prison Camp, filed this action against numerous county and state officials
and entities for deprivations of his rights under the United States
Constitution and the Vienna Convention, pursuant to 42 U.S.C. § 1983.
Mordi is serving a 120-months’ sentence for possession with intent to
distribute crack cocaine.
In March 2012, the Marion County Sheriff’s Department moved
to strike the claims against it, pursuant to Federal Rule of Civil Procedure

12(f) (Doc. 45).

The Sheriff’s Department asserts that Mordi’s claims

against it should be stricken because they are redundant of his claims
against the Marion County Sheriff Jerry Devore.
On June 4, 2012, Magistrate Judge Stephen C. Williams
submitted a Report and Recommendation (“the Report”), pursuant to 28
U.S.C. § 636(b)(1)(B), regarding the Sheriff’s Department’s motion to
strike (Doc. 50).

The Report finds that the undersigned Judge’s threshold

order clearly articulated the legal theories of relief for which Mordi has stated
a claim — including an individual-capacity claim against the Sheriff and
Monell claims against both the County and the Sheriff’s Department. The
Report concluded that the Sheriff’s Department is a suable entity, and it
should not be dismissed, nor claims against it stricken, here.
The Report was sent to the parties with a notice informing them
of their right to appeal by way of filing “objections” within 14 days of service
of the Report.

To date, neither party has filed objections.

which to file objections has expired.

The period in

Therefore, pursuant to 28 U.S.C. §

636(b), this Court need not conduct de novo review. Thomas v. Arn, 474
U.S. 140, 149-52 (1985).
Accordingly,

the

Court

ADOPTS

the

Report

and

Recommendation (Doc. 50) in its entirety and DENIES the Marion County
Sherriff’s Department’s motion to strike (Doc. 45).
IT IS SO ORDERED.

DATED this 3rd day of July, 2012

s/Michael J. Reagan
MICHAEL J. REAGAN
United States District Judge