Baird v. Godinez et al

Filing 87

MEMORANDUM AND ORDER, The Court ADOPTS the Report in its entirety (Doc. 86 ); and DENIES Bairds motion for a preliminary injunction or temporary restraining order (Doc. 38 ). Signed by Judge J. Phil Gilbert on 5/7/2015. (jdh)

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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS WILLIS BAIRD, Plaintiff, v. Case No. 14-cv-902-JPG-SCW SALVADOR GODINEZ, DONALD GAETZ, INVESTIGATOR GABOR, STEVEN DUNCAN, ANN (BETH) TREADWAY, BRIAN STAFFORD, JAMES WHELAN, B. LIVINGSTON, KEVIN HORTON, CORRECTIONAL COUNSELOR, MR. HUDDLESTONE, MS. LEAF, LINDA CUSICK, MRS. WAGNER, MRS. NEAL, LT. TIMOTHY MCALISTER, ANDREW GANGLOFF, ZACHARIAH BUCHANAN, DALLAS WILLIS, C/O BRANT, E. ADAMSON, RONALD BRUNER, JOHN DOE and RUSSELL GOINS, Defendants. MEMORANDUM AND ORDER This matter comes before the Court on the Report and Recommendation (“Report”) (Doc. 86) of Magistrate Judge Stephen C. Williams recommending that the Court deny as moot plaintiff Willis Baird’s motion for a preliminary injunction or temporary restraining order (Doc. 38) in light of his release from the custody of the Illinois Department of Corrections. 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. 86); and  DENIES Baird’s motion for a preliminary injunction or temporary restraining order (Doc. 38). IT IS SO ORDERED. DATED: May 7, 2015 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE 2

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