Ashworth v. Mumbower et al

Filing 28

MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court ADOPTS the R & R doc. 26 and DISMISSES defendant Bill Wilson pursuant to Federal Rule of Civil Procedure 25(a)(1). Signed by Judge J. Phil Gilbert on 7/15/2013. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
TIMOTHY P. ASHWORTH,
Plaintiff,
vs.

Case No. 12-cv-879-JPG-PMF

STEVE MUMBOWER, BILL WILSON,
LISA ANN ASHWORTH and WEST CITY
ILLINOIS,
Defendants.

MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“R & R”) (Doc. 26) of
Magistrate Judge Philip M. Frazier recommending this Court dismiss defendant Bill Wilson pursuant to
Federal Rule of Civil Procedure 25(a)(1).
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. 26) and
DISMISSES defendant Bill Wilson pursuant to Federal Rule of Civil Procedure 25(a)(1).
IT IS SO ORDERED.
DATED: July 15, 2013
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE