Barnes v. Ashby et al

Filing 33

ORDER ADOPTING REPORT AND RECOMMENDATIONS: Finding no clear error, the undersigned ADOPTS Magistrate Judge Wilkersons Report & Recommendation (Doc. 32) in its entirety, and the remainder of this case is DISMISSED without prejudice. The Clerk is directed to enter judgment accordingly. Signed by Judge Nancy J. Rosenstengel on 8/8/2014. (ajt)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
GEORGE L. BARNES,
Plaintiff,
vs.
MICHAEL PEEBLES, UNKNOWN
OFFICERS,
Defendants.

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Case No. 3:13-CV-01184-NJR-DGW

MEMORANDUM AND ORDER
ROSENSTENGEL, District Judge:
On November 18, 2013, Plaintiff George L. Barnes filed a civil rights complaint
pursuant to 42 U.S.C. § 1983 alleging harassment, the use of excessive force, and police
brutality by public officials with the city of Centralia, Illinois. The case comes before the
Court on a Report and Recommendation entered on July 16, 2014, by Magistrate Judge
Donald G. Wilkerson (Doc. 32). In the Report and Recommendation, Magistrate Judge
Wilkerson recommends that the Court dismiss the case without prejudice for failure to
pay the initial partial filing fee as ordered by District Judge J. Phil Gilbert (id.).
The parties were informed that their deadline for objecting to the Report and
Recommendation was August 4, 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
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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). “If no objection or only partial objection is made, the district court judge
reviews those unobjected portions for clear error.” Johnson, 170 F.3d at 739 (citations
omitted).
Finding no clear error, the undersigned ADOPTS Magistrate Judge Wilkerson’s
Report & Recommendation (Doc. 32) in its entirety, and the remainder of this case is
DISMISSED without prejudice. The Clerk is directed to enter judgment accordingly.
IT IS SO ORDERED.
DATED: August 8, 2014
s/ Nancy J. Rosenstengel
NANCY J. ROSENSTENGEL
United States District Judge

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