Hammond v. James et al

Filing 67

MEMORANDUM AND ORDER, The Court ADOPTS the Report in its entirety (Doc. 62 ); and DENIES Linds motion for summary judgment (Doc. 56 ) Signed by Judge J. Phil Gilbert on 4/10/2014. (jdh)

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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS SHAD HAMMOND, Plaintiff, v. No. 13-cv-418-JPG-DGW C/O JAMES, MAJOR BRADLEY, C/O LIND, DR. REEVES, DR. WALLACE, K. DEEN, GINA ALLEN, S.A. GODINEZ, COUNSELOR HARTMAN, C/O FURLOW, DR. SHAH, WARDEN GAETZ and DR. VAN, Defendants. MEMORANDUM AND ORDER This matter comes before the Court on the Report and Recommendation (“Report”) (Doc. 62) of Magistrate Judge Donald G. Wilkerson recommending that the Court deny the motion for summary judgment on the issue of exhaustion of administrative remedies filed by defendant Bart Lind (Doc. 56). 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. 62); and • DENIES Lind’s motion for summary judgment (Doc. 56). IT IS SO ORDERED. DATED: April 10, 2014 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE

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