Ickes v. Patterson et al
Filing
57
MEMORANDUM AND ORDER, The Court ADOPTS the R & R (Doc. 56 ), GRANTS in part and DENIES in part defendants motions to dismiss (Docs. 36 , 41 & 51 ), and DISMISSES Count Three of plaintiff Kevin Ickes complaint.Signed by Judge J. Phil Gilbert on 3/6/2014. (jdh)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
KEVIN ICKES,
Plaintiff,
Case No. 12-cv-1087-JPG-DGW
vs.
MARLA PATTERSON, ROBIN BRYSON,
ESTUS HOOD, UNKNOWN PARTY and LT. B.
TOLSON,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“R & R”) (Doc. 56) of
Magistrate Judge Donald G. Wilkerson recommending this Court deny in part and grant in part
defendants’ motions to dismiss for failure to state a claim (Docs. 36, 41 & 51).
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. 56),
GRANTS in part and DENIES in part defendants’ motions to dismiss (Docs. 36, 41 & 51), and
DISMISSES Count Three of plaintiff Kevin Ickes’ complaint.
IT IS SO ORDERED.
DATED: March 6, 2014
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE
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