James v. Harrington et al

Filing 54

MEMORANDUM AND ORDER, the Court hereby ADOPTS the Report in its entirety (Doc. 46 ) and GRANTS Defendants Roger Pelker and Shane Quandts Motion (Doc. 31 ) for Summary Judgment. Defendants Roger Pelker and Shane Quandt are DISMISSED without prejudice. The Clerk of Court is DIRECTED to enter judgment accordingly at the conclusion of this matter. Signed by Judge J. Phil Gilbert on 9/23/2015. (jdh)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS JULIUS JAMES, R19702, Plaintiff, vs. RICHARD HARRINGTON, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 14-cv-00463-JPG-PMF MEMORANDUM AND ORDER This matter comes before the court on the Report and Recommendation (“R & R”) (Doc. 46) of Magistrate Judge Philip M. Frazier with regard to Defendants Roger Pelker and Shane Quandt’s Motion (Doc. 31) for Summary Judgment. No objection to the R & R was filed by either party. 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 Report and Recommendation. The Court has reviewed the entire file and finds that the R & R is not clearly erroneous. Accordingly, the Court hereby ADOPTS the Report in its entirety (Doc. 46) and GRANTS Defendants Roger Pelker and Shane Quandt’s Motion (Doc. 31) for Summary Judgment. Defendants Roger Pelker and Shane Quandt are DISMISSED without prejudice. The Clerk of Court is DIRECTED to enter judgment accordingly at the conclusion of this matter. IT IS SO ORDERED. DATED: 9/23/2015 s/J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE

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