Gillum v. Baxton et al

Filing 109

MEMORANDUM AND ORDER, The Court hereby ADOPTS the Report in its entirety (Doc. 105 ); and DENIES Baxtons motion for summary judgment without prejudice (Doc. 71 ). Signed by Judge J. Phil Gilbert on 2/10/2015. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CORTEZ D. GILLUM,
Plaintiff,
v.

Case No. 12-cv-626-JPG-PMF

MICHAEL BAXTON, JR. et al.,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc.
105) of Magistrate Judge Philip M. Frazier recommending that the Court deny without prejudice
defendant Michael Baxton, Jr.’s motion for summary judgment (Doc. 71)
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.
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 Report. The Court has reviewed the entire file
and finds that the Report is not clearly erroneous. Accordingly, the Court hereby ADOPTS the
Report in its entirety (Doc. 105); and DENIES Baxton’s motion for summary judgment without
prejudice (Doc. 71).
IT IS SO ORDERED.
DATED: February 10, 2015
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE