Shaw v. Watson et al

Filing 37

MEMORANDUM AND ORDER, The Court ADOPTS the Report in its entirety (Doc. 36 ) and GRANTS Defendants Motion to Dismiss for Failure to Exhaust Administrative Remedies (Doc. 34 ). This matter is DISMISSED without prejudice. The Clerk of Court is directed to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 7/29/2015. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MARIO MARTINEZ SHAW,
Plaintiff,
vs.
DR. BAHRAT SHAH, et al.,
Defendants.

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Case No. 14-cv-00685-JPG-PMF

MEMORANDUM AND ORDER
This matter comes before the court on the Report and Recommendation (“R & R”) (Doc. 36) of
Magistrate Judge Philip M. Frazier with regard to Defendants’ Motion to Dismiss for Failure to Exhaust
Administrative Remedies (Doc. 34). The Plaintiff did not file any objections to the R & R.
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. 36) and GRANTS Defendants’ Motion to Dismiss for Failure
to Exhaust Administrative Remedies (Doc. 34). This matter is DISMISSED without prejudice. The
Clerk of Court is directed to enter judgment accordingly.

IT IS SO ORDERED.
DATED: 7/29/2015

s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE