Santiago v. Godinez et al

Filing 117

MEMORANDUM AND ORDER, The Court ADOPTS the Report in its entirety (Doc. 116 ); and DENIES the defendants motions to dismiss (Docs. 92 & 108 ). Signed by Judge J. Phil Gilbert on 3/27/2015. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ELIJAH SANTIAGO,
Plaintiff,
v.

Case No. 12-cv-988-JPG-PMF

DOUGLAS A. KRAUSE, BRAD COLEMAN
and SEAN WOLTERS,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) of
Magistrate Judge Philip M. Frazier (Doc. 116) recommending that the Court deny the motions to
dismiss plaintiff Elijah Santiago’s state law battery claims filed by defendants Douglas A. Krause,
Brad Coleman and Sean Wolters (Docs. 92 & 108).
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).
No party has objected to the Report. The Court has reviewed the Report for clear error
and finds none. Accordingly, the Court:


ADOPTS the Report in its entirety (Doc. 116); and



DENIES the defendants’ motions to dismiss (Docs. 92 & 108).

IT IS SO ORDERED.
DATED: March 27, 2015
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE