White v. Ryker et al

Filing 40

MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS 35 ; denying 8 Motion for Preliminary Injunction; denying 9 Motion for Preliminary Injunction; denying 11 Motion to Amend/Correct; denying 19 Motion for Leave to Amend Complaint. The Court grants plaintiff leave for 30 days from the date of this order to file an amended complaint pursuant to the instructions contained in the R & R. Signed by Judge J. Phil Gilbert on 11/19/2012. (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. 35) of
Magistrate Judge Philip M. Frazier recommending that the Court deny plaintiff’s requests for injunctive
relief (Docs. 8, 9 & 11) and to amend the complaint (Doc. 19).
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. 35). Specifically, the Court DENIES plaintiff’s motions for injunctive relief (Docs. 8, 9, &
11) and to amend the complaint (Doc. 19). The Court grants plaintiff leave for 30 days from the date of
this order to file an amended complaint pursuant to the instructions contained in the R & R.
IT IS SO ORDERED.
DATED: November 19, 2012
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE