Hempstead v. Spiller et al

Filing 49

MEMORANDUM AND ORDER, The Court ADOPTS the Report in its entirety (Doc. 38 ); ORDERS that Count 2 of the Amended Complaint against defendants Dr. Shah, Rector, Long, Hill and Farris for deliberate indifference to a serious medical need shall be allowed to proceed; and ORDERS that Dr. Shah, Rector, Long, Hill and Farris shall have up to and including September 21, 2015, to answer or otherwise respond to Count 2 of the Amended Complaint. Signed by Judge J. Phil Gilbert on 8/26/2015. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CALVIN HEMPSTEAD,
Plaintiff,
v.

Case No. 15-cv-278-JPG-PMF

THOMAS SPILLER, JEREMY NORMAN,
MICHAEL EDWARDS, J. MILLER, C/O
ROELANDT, NURSE FARRIS, NURSE HILL,
NURSE LONG, RECTOR and DR. SHAH,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc.
38) of Magistrate Judge Philip M. Frazier screening plaintiff Calvin Hempstead’s amended
complaint (Doc. 33) pursuant to 28 U.S.C. § 1915A and recommending that the Court allow Count
2, a claim against defendants Dr. Shah, Rector, Long, Hill and Farris for deliberate indifference to
a serious medical need, to proceed.
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. 38);



ORDERS that Count 2 of the Amended Complaint against defendants Dr. Shah, Rector,
Long, Hill and Farris for deliberate indifference to a serious medical need shall be allowed
to proceed; and



ORDERS that Dr. Shah, Rector, Long, Hill and Farris shall have up to and including
September 21, 2015, to answer or otherwise respond to Count 2 of the Amended
Complaint.

IT IS SO ORDERED.
DATED: August 26, 2015
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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