Godfrey v. Harrington et al

Filing 50

MEMORANDUM AND ORDER, The Court hereby ADOPTS the Report in its entirety (Doc. 31 );DENIES Godfreys motion for a TRO and PI with prejudice in part and without prejudice in part (Doc. 24 ). The motion is denied with prejudice to the extent it seeks a TRO and without prejudice to the extent it seeks a PI; and DENIES Godfreys motion for default judgment (Doc. 29 ). Signed by Judge J. Phil Gilbert on 12/13/2013. (jdh)

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.
31) of Magistrate Judge Donald G. Wilkerson recommending that the Court deny with prejudice in
part and without prejudice in part plaintiff Toby Godfrey’s motion for a temporary restraining
order (“TRO”) and preliminary injunction (“PI”) (Doc. 24) and motion for default judgment (Doc.
29).
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. 31);

•

DENIES Godfrey’s motion for a TRO and PI with prejudice in part and without
prejudice in part (Doc. 24). The motion is denied with prejudice to the extent it seeks a
TRO and without prejudice to the extent it seeks a PI; and

•

DENIES Godfrey’s motion for default judgment (Doc. 29).

IT IS SO ORDERED.
DATED: December 13, 2013
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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