Wenzel v. Nurse Wendy et al

Filing 34

ORDER ADOPTING REPORT AND RECOMMENDATIONS 33 REPORT AND RECOMMENDATIONS; granting 22 MOTION to Dismiss for Failure to State a Claim filed by Nurse Wendy. Signed by Judge J. Phil Gilbert on 2/26/2013. (dka, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BURT WENZEL,
Plaintiff,
v.

Case No. 12-cv-67-JPG-PMF

NURSE WENDY, LONGSDON and C/O
VAUGHN,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“R & R”) (Doc.
33) of Magistrate Judge Philip M. Frazier recommending this Court grant defendant Nurse Wendy’s
motion to dismiss (Doc. 22).
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. Accordingly, the Court hereby ADOPTS the R & R
(Doc. 33) and GRANTS defendant Nurse Wendy’s motion to dismiss (Doc. 22).
IT IS SO ORDERED.
DATED: February 26, 2013
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE