Williams v. Arbuckle et al

Filing 71

MEMORANDUM AND ORDER, The Court hereby ADOPTS the Report in its entirety (Doc. 66 ) and GRANTS Plaintiff Warren Williams' Motion and Declaration for Emergency (Doc. 34 ). Plaintiffs Motion for Reconsideration (Doc. 48 ) is DENIED as moot. Signed by Judge J. Phil Gilbert on 4/28/2015. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
WARREN WILLIAMS, #M-40803,
Plaintiff,
vs.
ARBUCKLE, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

Case No. 14-cv-01289-JPG-SCW

MEMORANDUM AND ORDER
This matter comes before the court on the Report and Recommendation (“R & R”) (Doc.
66) of Magistrate Judge Stephen C. Williams recommending that this Court grant Plaintiff
Warren Williams' Motion and Declaration for Emergency (Doc. 34). Neither party has filed an
objection to the R & R and the time for filing an objection has expired.
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 and has
reviewed the R & R for clear error. The Court has reviewed the entire file and finds that the R &
R is not clearly erroneous and that the Plaintiff is entitled to preliminary injunction relief.

Accordingly, the Court hereby ADOPTS the Report in its entirety (Doc. 66) and
GRANTS Plaintiff Warren Williams' Motion and Declaration for Emergency (Doc. 34).
Also before the Court is Plaintiff’s Motion for Reconsideration (Doc. 48) requesting
reconsideration of this Court’s Order (Doc. 30) denying injunctive relief. As injunctive relief has
now been granted, Plaintiff’s Motion for Reconsideration (Doc. 48) is DENIED as moot.
IT IS SO ORDERED.
DATED: 4/28/2015
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE