White v. White County Jail et al

Filing 59

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; the Court ADOPTS the Report and Recommendation 58 in its entirety, GRANTS Defendants' motion for summary judgment 55 and DISMISSES this claim with prejudice. As this is the last claim remaining for disposition herein, judgment may now be entered and the case closed. Signed by Judge Michael J. Reagan on 07/09/2012. (dkd )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RANDALL S. WHITE,
Plaintiff,
v.
WHITE COUNTY JAIL, RANDY
COBB, TOM HEADLEY and
JOE WEISS,
Defendants.

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Case No. 11-cv-0230-MJR-SCW

MEMORANDUM AND ORDER
REAGAN, District Judge:
Plaintiff Randall White, an inmate currently incarcerated in the
Illinois River Correctional Center, was at all times relevant to this action
housed in the White County Jail. White brings this action for deprivations of
his constitutional rights pursuant to 42 U.S.C. § 1983. Liberally construed,
White’s complaint alleges three claims of Eighth Amendment violations:
Defendants housed him in unsanitary and hazardous conditions (Count 1);
Defendants subjected him to verbal harassment (Count 2); and Defendants
were deliberately indifferent to his serious medical needs (Count 3).
On preliminary review, the Court dismissed Count 2, White’s
claim that Defendants had subjected him to verbal harassment, but found
that he had stated a claim as to his allegations of being housed in unsanitary
conditions and deliberate indifference to serious medical needs (Doc. 13). On
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April 12, 2012, the Court granted summary judgment on the deliberate
indifference medical claim, finding that White had failed to exhaust his
administrative remedies as to that claim (Doc. 54).

So, White’s sole

remaining claim is that he was housed in unsanitary conditions.
On April 18, 2012, Defendants filed a motion for summary
judgment, to which White filed a timely response (Docs. 55, 56, 57).

On

June 4, 2012, United States Magistrate Judge Stephen C. Williams submitted
a Report and Recommendation (“the Report”) pursuant to 28 U.S.C. §
636(b)(1)(B), recommending that the Court grant Defendants’ motion
(Doc. 58).

Specifically, Judge Williams found that water overflow into

White’s cell from a shower, which drained in approximately five minutes,
may have been uncomfortable but posed no health risk and deprived White
of no cognizable constitutional right.
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. The period in which to file objections has expired. 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. 58) in its entirety, GRANTS Defendants’ motion for
summary judgment (Doc. 55) and DISMISSES this claim with prejudice. As
this is the last claim remaining for disposition herein, judgment may now be
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entered and the case closed. Accordingly, the Court DIRECTS the Clerk of
Court to enter judgment against Plaintiff White and in favor of Defendants
Cobb, Headley, Weiss and White County Jail.
IT IS SO ORDERED.
DATED this 9th day of July, 2012

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

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