Moore v. Harrington et al

Filing 88

MEMORANDUM AND ORDER, The Court ADOPTS the Report in its entirety (Doc. 77 ); and DENIES the defendants motion for summary judgment on the issue of exhaustion (Doc. 28 ).Signed by Judge J. Phil Gilbert on 1/8/2016. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
EDWARD MOORE,
Plaintiff,
v.

Case No. 15-cv-92-JPG-PMF

RICK HARRINGTON, KIMBERLY
BUTLER, ROBERT E. HUGHES, V. SMITH
and UNKNOWN PARTY,
Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc.
77) of Magistrate Judge Philip M. Frazier recommending that the Court deny the motion for
summary judgment on the issue of exhaustion filed by defendants Robert Hughes and Virgil Smith
(Doc. 28).
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.
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 the entire file
and finds that the Report is not clearly erroneous. Accordingly, the Court hereby:


ADOPTS the Report in its entirety (Doc. 77); and



DENIES the defendants’ motion for summary judgment on the issue of exhaustion (Doc.
28).

IT IS SO ORDERED.
DATED: January 8, 2016
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE