Garmon v. Roeckeman et al

Filing 63

ORDER ADOPTING REPORT AND RECOMMENDATIONS 57 ; denying 49 Motion for Transfer. Signed by Judge Staci M. Yandle on 3/27/2015. (rlw)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS JESSE GARMON, B23470, Plaintiff, vs. Case No. 13-cv-00287-SMY-PMF ZACHARY ROECKEMAN, et al., Defendants. MEMORANDUM AND ORDER This matter comes before the Court on the Report and Recommendation (“R & R”) (Doc. 57) of Magistrate Judge Philip M. Frazier recommending this Court deny Plaintiff Jesse Garmon’s Motion to Request Transfer (Doc. 49) which Judge Frazier construed as a motion for preliminary injunctive relief. 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. 57) and DENIES Garmon’s request for a preliminary injunction (Doc. 57). IT IS SO ORDERED. DATED: March 27, 2015 /s/ Staci M. Yandle STACI M. YANDLE DISTRICT JUDGE

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