Evans v City of Belleville, Illinois

Filing 37

ORDER ADOPTING 23 REPORT AND RECOMMENDATIONS, denying 17 MOTION to Dismiss for Failure to Exhaust Administrative Remedies filed by Rick Watson. Signed by Judge Staci M. Yandle on 1/11/2016. (rlw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
GILBERT EVANS,
Plaintiff,
vs.

Case No. 14-cv-1417-SMY-PMF

CITY OF BELLEVILLE, et al.,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc. 23) of
Magistrate Judge Philip M. Frazier recommending this Court deny Defendant Richard Watson’s Motion to
Dismiss for Failure to Exhaust Administrative Remedies (Doc. 17). Judge Frazier held an evidentiary
hearing pursuant to Pavey v. Conley, 544 F.3d 739 (7th Cir. 2008) and found that, while Plaintiff had not
exhausted his administrative remedies, he was unable to do so because the remedies process was
unavailable to him.
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 Defendant’s motion
and case history and finds that the Report is not clearly erroneous. Accordingly, the Court ADOPTS the
Report of Magistrate Judge Frazier (Doc. 23) and DENIES Defendant’s Motion to Dismiss for Failure to
Exhaust Administrative Remedies (Doc. 17).

IT IS SO ORDERED.
DATED: January 11, 2016

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