White v. Ryker et al

Filing 116

MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS 113 ; granting 99 MOTION to Dismiss for Failure to State a Claim filed by Phil Martin and dismissing Martin from this case. Signed by Judge J. Phil Gilbert on 7/8/2013. (dka, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CHARLES WHITE,
Plaintiff,
Case No. 12-cv-75-JPG

vs.
WARDEN RYKER, et al.,
Defendants.

MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“R & R”) (Doc. 113) of
Magistrate Judge Philip M. Frazier recommending that the Court grant defendant Phillip Martin’s motion
to dismiss (Doc. 99).
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 in its
entirety (Doc. 113), GRANTS Martin’s motion to dismiss (Doc. 99), and DISMISSES Martin from this
case.
IT IS SO ORDERED.
DATED: July 8, 2013
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE