Postlewaite v. Tredway et al

Filing 55

MEMORANDUM AND ORDER, The Court ADOPTS the Report in its entirety (Doc. 53 ); GRANTS Vaughn's motion for summary judgment (Doc. 35 ); DISMISSES Count 2 against Vaughn without prejudice for failure to exhaust administrative remedies; DIRECTS the Clerk of Court to enter judgment accordingly; and DIRECTS the Clerk of Court to send Postlewaite copies of the following documents: the Amended Complaint (Doc. 8); the letters attached to his motion for counsel (Doc. 20, pages 3-5); and the proposed documents he sent to the Court at Doc. 32 that were saved on the Court's computer system. Signed by Judge J. Phil Gilbert on 3/30/2016. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JARVIS LAMAR POSTLEWAITE,
Plaintiff,
v.

No. 14-cv-930-JPG-PMF

WARDEN TREDWAY, WARDEN
MOORE, CHAPLIN VAUGHN,
COUNSELOR WILLIAMS, SALVADOR
GODINEZ. WARDEN DUNCAN,
UNKNOWN DIETARY SUPERVISORS,
UNKNOWN MAILROOM SUPERVISORS
and PHILLIP MARTIN,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc.
53) of Magistrate Judge Philip M. Frazier recommending that the Court grant defendant Chaplin
Vaughn’s motion for summary judgment on the issue of exhaustion of administrative remedies
(Doc. 35) and dismiss Count 2, the only remaining claim in this case, for failure to exhaust
administrative remedies. Plaintiff Jarvis Postlewaite has responded to the Report that he has no
objection to the recommendation and will file a new case, but that he would like the Court to
provide him copies of the statements he filed in this case, which were his only copies.
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. 53);



GRANTS Vaughn’s motion for summary judgment (Doc. 35);



DISMISSES Count 2 against Vaughn without prejudice for failure to exhaust
administrative remedies;



DIRECTS the Clerk of Court to enter judgment accordingly; and



DIRECTS the Clerk of Court to send Postlewaite copies of the following documents:
o the Amended Complaint (Doc. 8);
o the letters attached to his motion for counsel (Doc. 20, pages 3-5); and
o the proposed documents he sent to the Court at Doc. 32 that were saved on the
Court’s computer system.
Postlewaite may purchase additional documents at a cost of 50 cents per page by
requesting the documents from the Clerk’s Office.

IT IS SO ORDERED.
DATED: March 30, 2016
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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