Mitts v. Obandina et al

Filing 102

MEMORANDUM AND ORDER, the Court hereby: ADOPTS the Report in its entirety (Doc. 97 );GRANTS Larsons and Wahls motion to dismiss Count II (Doc. 83 ); DISMISSES Count II without prejudice as redundant of Count I; CONSTRUES the allegations in Count II of the First Amended Complaint to be incorporated into Count I; and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case. Signed by Judge J. Phil Gilbert on 8/30/2013. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JOECEPHUS MITTS,
Plaintiff,
v.

Case No. 11-cv-398-JPG-PMF

OBANDINA, et al.,
Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc.
97) of Magistrate Judge Philip M. Frazier recommending that the Court grant the motion to
dismiss filed by defendants Larson and Wahl (Doc. 83) and dismiss Count II of the First Amended
Complaint without prejudice as redundant of Count I.
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.
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 Report. The Court has reviewed the entire file
and finds that the Report is not clearly erroneous. Accordingly, the Court hereby:


ADOPTS the Report in its entirety (Doc. 97);



GRANTS Larson’s and Wahl’s motion to dismiss Count II (Doc. 83);



DISMISSES Count II without prejudice as redundant of Count I;



CONSTRUES the allegations in Count II of the First Amended Complaint to be

incorporated into Count I; and


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

IT IS SO ORDERED.
DATED: August 30, 2013
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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