Godfrey v. Harrington et al

Filing 156

MEMORANDUM AND ORDER, The Court ADOPTS the Report in its entirety (Doc. 153 ); and DENIES Moldenhauer's motion to dismiss for lack of prosecution (Doc. 147 ). Signed by Judge J. Phil Gilbert on 9/21/2016. (jdh)

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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS TOBY GODFREY, Plaintiff, v. Case No. 13-cv-280-JPG-DGW RICHARD HARRINGTON, et al., Defendants. MEMORANDUM AND ORDER This matter comes before the Court on the Report and Recommendation (“Report”) (Doc. 153) of Magistrate Judge Donald G. Wilkerson recommending that the Court deny defendant Michael Moldenhauer’s motion to dismiss this case for lack of prosecution (Doc. 147). 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. 153); and  DENIES Moldenhauer’s motion to dismiss for lack of prosecution (Doc. 147). IT IS SO ORDERED. DATED: September 21, 2016 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE

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