Duncan v. State of Illinois et al

Filing 66

ORDER adopting Report and Recommendations re 56 Report and Recommendations. As set forth in the attached Order, Defendant's Motion for Summary Judgment 28 is hereby DENIED. Additionally, the Clerk of Court is DIRECTED to correct the docket sheet to reflect the true name and spelling of Defendant Edward Hagene. Signed by Judge Nancy J. Rosenstengel on 8/11/2014. (nrl)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JAMES PAUL DUNCAN,
Plaintiff,
vs.
THE STATE OF ILLINOIS,
DEPARTMENT OF CORRECTIONS,
PINCKNEYVILLE CORRECTIONAL
CENTER, UNKNOWN PARTY,
INTERNAL AFFAIRS, AND C/O
HUGANE,
Defendants.

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Case No. 3:13-CV-912 -NJR- DGW

MEMORANDUM AND ORDER
ROSENSTENGEL, District Judge:
Plaintiff, James Paul Duncan, an inmate at Stateville Correctional Center,
complains that certain personal property (including a television and a typewriter) of his
was destroyed by Defendant Hagene in retaliation for refusing to testify against another
inmate. The case comes before the Court on a Report and Recommendation entered on
May 6, 2014, by Magistrate Judge Donald G. Wilkerson. In the Report and
Recommendation, Magistrate Judge Wilkerson recommends that the Motion for
Summary Judgment on the Issue of Exhaustion (Doc. 29) filed by Defendant Edward
Hagene on February 20, 2014, be denied.
The parties were informed that their deadline for objecting to Magistrate Judge

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Wilkerson’s Report and Recommendation was May 20, 2014—a date that has come and
gone. Because no party has filed an objection, the undersigned need not undertake de
novo review. 28 U.S.C. § 636(b)(1)(C) (“A judge of the court shall make a de novo
determination of those portions of the report or specified proposed findings or
recommendations to which objection is made.”) (emphasis added). See also Thomas v. Arn,
474 U.S. 140 (1985); Johnson v. Zema Sys. Corp., 170 F.3d 734, 741 (7th Cir. 1999); Video
Views, Inc. v. Studio 21, Ltd., 797 F.2d 538 (7th Cir. 1986).
The undersigned accordingly ADOPTS in its entirety Magistrate Judge
Wilkerson’s Report & Recommendation (Doc. 56) and rules as follows: Defendant’s
Motion for Summary Judgment on the Issue of Exhaustion is hereby DENIED.
Additionally, the Clerk of Court is DIRECTED to correct the docket sheet to reflect the
true name and spelling of Defendant Edward Hagene.
IT IS SO ORDERED.
DATED: August 11, 2014
s/ Nancy J. Rosenstengel
NANCY J. ROSENSTENGEL
United States District Judge

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