Haywood et al v. Godinez et al

Filing 123

ORDER ADOPTING REPORT AND RECOMMENDATIONS (Doc. 117 ); denying 96 MOTION for Summary Judgment on the Issue of Exhaustion filed by Terri Bryant, Thomas Spiller, Sherry Benton, S A Godinez. Signed by Judge Staci M. Yandle on 7/11/2016. (rlw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
SEYON HAYWOOD,
Plaintiff,
vs.

Case No. 14-cv-1027-SMY-DGW

S.A. GODINEZ, et al.,
Defendants.
ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc.
117) of Magistrate Judge Donald Wilkerson recommending this Court deny Defendants’ Motion
for Summary Judgment on the Issue of Exhaustion (Doc. 96). No objections were filed.
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. The Court has reviewed Defendants’
Motion and case history and finds that the Report is not clearly erroneous. Accordingly, the
Court ADOPTS the Report of Magistrate Judge Wilkerson (Doc. 117) and DENIES
Defendants’ Motion for Summary Judgment on the Issue of Exhaustion (Doc. 96).
IT IS SO ORDERED.
DATED: July 11, 2016

s/ Staci M. Yandle
STACI M. YANDLE
DISTRICT JUDGE