Phillips v. Hodge et al

Filing 157

ORDER ADOPTING REPORT AND RECOMMENDATIONS 156 re: 155 MOTION for Leave to File filed by Jesse C Phillips. Plaintiff's Motion 155 is denied. Signed by Judge Staci M. Yandle on 01/16/2015. (rlw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JESSE C. PHILLIPS, B62167
Plaintiff,
vs.

Case No. 13-cv-0069-SMY-PMF

MARC HODGE, et al.,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“R & R”) (Doc. 156) of
Magistrate Judge Philip M. Frazier recommending this Court deny Plaintiff Jesse Phillips’ Motion for
Leave to File a Cross-Summary Judgment Motion against Defendant Martin (Doc. 155).
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. 156)
and DENIES Hammond’s request for a preliminary injunction (Doc. 155).

IT IS SO ORDERED.
DATED: January 16, 2015

s/ Staci M. Yandle
STACI M. YANDLE
DISTRICT JUDGE