Dees v. Smith et al

Filing 74

MEMORANDUM AND ORDER, The Court adopt the R & R (Doc. 61 ) andDENIES Dees motion (Doc. 58 ). Signed by Judge J. Phil Gilbert on 3/6/2014. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RODNEY DEES,
Plaintiff,
vs.

Case No. 12-cv-625-JPG-PMF

ANGELA SMITH, JAMES DANIEL SISK
and PATRICK FERGUSON,
Defendant.
MEMORANDUM AND ORDER

This matter comes before the Court on the Report and Recommendation (“R & R”) (Doc. 61) of
Magistrate Judge Philip M. Frazier recommending this Court deny plaintiff Rodney Dees’ “emergency”
motion for preliminary injunction and temporary restraining order (Doc. 58).
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 ADOPTS the R & R (Doc. 61) and
DENIES Dees’ motion (Doc. 58).
IT IS SO ORDERED.
DATED: March 6, 2014
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE