Holmes v. Overall et al

Filing 61

MEMORANDUM AND ORDER,the Court ADOPTS the Report in its entirety (Doc. 53 ); GRANTS the plaintiffs motion for summary judgment (Doc. 44 ) on the affirmative defense of exhaustion of administrative remedies; and DENIES the defendants motion for summary judgment (Doc. 45 ) on the affirmative defense of exhaustion of administrative remedies. Signed by Judge J. Phil Gilbert on 10/16/2014. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CURTIS HOLMES,
Plaintiff,
v.

Case No. 13-cv-290-JPG-PMF

DR. L. OVERALL, DR. GARDNER,
REDNOUR, UNKNOWN PARTY and
WEXFOR HEALTH SOURCES, INC.,
Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc.
53) of Magistrate Judge Philip M. Frazier recommending that the Court grant the plaintiff’s motion
(Doc. 44) and deny the defendants’ motion (Doc. 45) for summary judgment on the issue of
exhaustion of administrative remedies.
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. 53);

•

GRANTS the plaintiff’s motion for summary judgment (Doc. 44) on the affirmative
defense of exhaustion of administrative remedies; and

•

DENIES the defendants’ motion for summary judgment (Doc. 45) on the affirmative
defense of exhaustion of administrative remedies.

IT IS SO ORDERED.
DATED: October 16, 2014
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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