Smith v. Harrington et al

Filing 81

ORDER ADOPTING 69 REPORT AND RECOMMENDATIONS; denying 49 MOTION for Summary Judgment on Exhaustion filed by Angela Crain, Gail Walls, Richard Harrington; denying 53 MOTION for Summary Judgment filed by Dr. Nwoabasi, Dr. Fuentes. Signed by Judge Staci M. Yandle on 2/1/2016. (rlw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
TYRIN N. SMITH,
Plaintiff,
vs.

Case No. 14-cv-1150-SMY-PMF

RICHARD HARRINGTON, et al.,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc. 69) of
Magistrate Judge Philip M. Frazier recommending this Court deny the Motion for Summary Judgment
filed by Defendants Angela Crain, Richard Harrington and Gail Walls (Doc. 49) and the Motion for
Summary Judgment filed by Defendants Dr. Fuentes and Dr. Nwaobasi (Doc. 53). Both motions seek
summary judgment for failure to exhaust administrative remedies. The Report finds that defendants have
not satisfied their burden of proof.
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’ Motions
and case history and finds that the Report is not clearly erroneous. Accordingly, the Court ADOPTS the
Report of Magistrate Judge Frazier (Doc. 69) and DENIES both motions for summary judgment (Docs.
49, 53).
IT IS SO ORDERED.
DATED: February 1, 2016

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