Sanders v. Justice et al

Filing 38

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court ADOPTS the Report and Recommendation of Magistrate Judge Philip M. Frazier. ([Doc. 37]). Defendants' Motion to Dismiss is GRANTED and Counts 1 and 2 of Plaintiff's Complaint are DISMISSED without prejudice (Doc. 26 ). As no other claims remain in this case, this case is DISMISSED. Signed by Judge Staci M. Yandle on 7/25/2016. (hjg)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RAMOS SANDERS,
Plaintiff,
Case No. 15-cv-142-SMY-PMF

vs.
RICHARD WATSON, et al.,
Defendants.

MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 37) of
Magistrate Judge Philip M. Frazier recommending this Court grant Defendants' Motion to Dismiss for
Failure to Exhaust Administrative Remedies (Doc. 26). Judge Frazier recommends that Counts 1 and 2 of
Plaintiff's Complaint be dismissed without prejudice.
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, having received no objection to the Report, has reviewed Plaintiff's motions and case
history and finds that the Report is not clearly erroneous. Accordingly, the Court ADOPTS the Report of
Magistrate Judge Frazier (Doc. 37), GRANTS Defendants' Motion to Dismiss and dismisses Counts 1
and 2 of Plaintiff's Complaint. As a result, no claims remain and this case is DISMISSED without
prejudice.
IT IS SO ORDERED.

DATED: July 25, 2016

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