Cole v. Tredway

Filing 35

MEMORANDUM AND ORDER, The Court hereby ADOPTS the Report in its entirety (Doc. 29 ) and GRANTS Defendant Beth Tredway's Motion (Doc. 21 ) for Summary Judgment. This matter is DISMISSED without prejudice and the Clerk of Court is DIRECTED to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 1/27/2016. (jdh)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS DAMEON COLE, ) ) ) ) ) ) ) ) ) Plaintiff, vs. BETH TREDWAY, Defendant. Case No. 14-cv-01313-JPG-PMF MEMORANDUM AND ORDER This matter comes before the court on the Report and Recommendation (“R & R”) (Doc. 29) of Magistrate Judge Philip M. Frazier with regard to Defendant Beth Tredway’s Motion (Doc. 21) for Summary Judgment. Objections to the R & R were due by January 4, 2016. The Plaintiff requested and received an extension to file an objection by January 15, 2016. Neither party has filed an objection to the R & R and the time for doing so has passed. 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 R & R. The Court has reviewed the entire file and finds that the R & R is not clearly erroneous. Accordingly, the Court hereby ADOPTS the Report in its entirety (Doc. 29) and GRANTS Defendant Beth Tredway’s Motion (Doc. 21) for Summary Judgment. Defendant Tredway was the sole defendant in this matter. 1 Therefore, this matter is DISMISSED without prejudice and the Clerk of Court is DIRECTED to enter judgment accordingly. IT IS SO ORDERED. DATED: 1/27/2016 s/J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE 2

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