Pickett v. Johnson et al

Filing 80

MEMORANDUM AND ORDER ADOPTING 79 REPORT AND RECOMMENDATIONS; John Doe terminated. The Court Dismisses this matter with prejudice. Clerk of Court to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 10/4/12. (bkl)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
OZZIE PICKETT,
Plaintiff,
Case No. 12-cv-13-JPG-PMF

vs.
YOLANDE JOHNSON, et al.,
Defendants.

MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“R & R”) (Doc. 79) of
Magistrate Judge Philip M. Frazier recommending that the Court dismiss defendant John Doe from this
case.
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. As such, the Court hereby ADOPTS the R & R (Doc. 79),
which DISMISSES defendant John Doe from this case. Further, as no claims remain pending, the Court
DISMISSES this matter with prejudice. Finally, the Court DIRECTS the Clerk of Court to enter
judgment accordingly.
IT IS SO ORDERED.
DATED: October 4, 2012
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE