Higgins v. Kessell et al

Filing 22

MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS in its entirety; denying 3 Motion for Preliminary Injunction; denying 3 Motion for TRO Signed by Judge J. Phil Gilbert on 11/16/2012. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
REGIS HIGGINS,
Plaintiff,
Case No. 12-cv-632-JPG-PMF

v.
C/O KESSELL, C/O GANGLOFF and
MARC HODGE,
Defendants.

MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc.
19) of Magistrate Judge Philip M. Frazier recommending that the Court deny plaintiff Regis
Higgins’ motion for a temporary restraining order or a preliminary injunction (Doc. 3).
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:
C

ADOPTS the Report in its entirety (Doc. 19); and

C

DENIES Higgins’ motion for a temporary restraining order or a preliminary injunction
(Doc. 3).

IT IS SO ORDERED.
DATED: November 16, 2012
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE