Jenkins v. Trot et al
Filing
55
MEMORANDUM AND ORDER, The Court hereby ADOPTS the Report in its entirety (Doc. 53 ) and GRANTS Defendant Dr. John Trost's Motion (Doc. 28 ) for Summary Judgment. This matter is DISMISSED without prejudice. The Clerk of Court is DIRECTED to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 5/8/2017. (jdh)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DARREL JENKINS,
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Plaintiff,
vs.
JOHN TROST, et al.,
Defendants.
Case No. 15-cv-00253-JPG-DGW
MEMORANDUM AND ORDER
This matter comes before the court on the Amended Report and Recommendation (“R &
R”) (Doc. 53) of Magistrate Judge Donald G. Wilkerson with regard to Defendant Dr. John
Trost’s Motion (Doc. 28) for Summary Judgment. There were no objections to the R & R.
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 the entire file
and finds that the R & R is not clearly erroneous. Accordingly, the Court hereby ADOPTS the
Report in its entirety (Doc. 53) and GRANTS Defendant Dr. John Trost’s Motion (Doc. 28) for
Summary Judgment. Dr. Trost was the only remaining defendant. As such, this matter is
DISMISSED without prejudice.
The Clerk of Court is DIRECTED to enter judgment
accordingly.
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The Court further finds that the Report and Recommendation (Doc. 43) is MOOT based
on the filing of the Amended Report and Recommendation.
IT IS SO ORDERED.
DATED: 5/8/2017
s/J. Phil Gilbert
J. PHIL GILBERT
U.S. DISTRICT JUDGE
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