Oliver v. Hicks et al

Filing 44

MEMORANDUM AND ORDER, the Court hereby ADOPTS the Report in its entirety (Doc. 41 ); GRANTS the defendants motion for summary judgment for failure to exhaust administrative remedies (Doc. 36 ); DISMISSES this case without prejudice for failure to exhaust administrative remedies; and DIRECTS the Clerk of Court to enter judgment accordingly.Signed by Judge J. Phil Gilbert on 12/9/2013. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MICHAEL A. OLIVER,
Plaintiff,
v.

Case No. 12-cv-1200-JPG-DGW

C/O HICKS, C/O FLATT, C/O PAYNE, C/O
SHIRLEY, CLARK, HAGSTON and
OFFICER HULL,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc.
41) of Magistrate Judge Donald G. Wilkerson recommending that the Court construe plaintiff
Michael A. Oliver’s failure to respond to the defendants’ motion for summary judgment for failure
to exhaust administrative remedies (Doc. 36) as an admission of the merits of the motion pursuant
to Local Rule 7.1(c), grant the motion, and enter judgment in favor of the defendants for Oliver’s
failure to exhaust administrative remedies and for failure to prosecute. The Court further notes
that the copy of the Report that was mailed to Oliver was returned to the Court; clearly he has not
kept the Court apprized of his current address as required by Local Rule 3.1(b) and the Court’s
January 31, 2013, order (Doc. 13).
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. 41);



GRANTS the defendants’ motion for summary judgment for failure to exhaust
administrative remedies (Doc. 36);



DISMISSES this case without prejudice for failure to exhaust administrative remedies;
and



DIRECTS the Clerk of Court to enter judgment accordingly.

IT IS SO ORDERED.
DATED: December 9, 2013
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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