Mobley v. Gardner

Filing 53

VACATED PER ORDER AT DOC #55-MEMORANDUM AND ORDER, adopting 52 REPORT AND RECOMMENDATIONS in its entirety and denying 45 MOTION for Summary Judgment filed by Dr Gardner.Signed by Judge J. Phil Gilbert on 10/22/2013. (jdh) Modified on 10/22/2013 (jdh,.

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
SYLAS MOBLEY,
Plaintiff,
v.

Case No. 11-cv-954-JPG-PMF

DR. GARDNER,
Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc.
52) of Magistrate Judge Philip M. Frazier recommending that the Court deny defendant Dr. Jon
Gardner’s motion for summary judgment (Doc. 45).
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. 52); and



DENIES defendant Dr. Jon Gardner’s motion for summary judgment (Doc. 45).

IT IS SO ORDERED.
DATED: October 22, 2013
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE