Ross v. Gossett et al

Filing 508

ORDER ADOPTING REPORT AND RECOMMENDATIONS (Doc. 507 ) and GRANTING Motion to Sever (Doc. 462 ). The following cases are hereby SEVERED from this action: Turner v. Spiller, et al., 3:16-cv-131-SMY-MAB; Williams v. Mull, et al., 3:15-cv-523-SMY-MAB; and, Chairs v. IDOC, et al., 3:15-cv-1359-SMY-MAB. The Clerk of Court is DIRECTED to file this Order in those cases. Signed by Judge Staci M. Yandle on 3/25/2019. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

DEMETRIUS ROSS, et al.,
Plaintiffs,
vs.
GREG GOSSETT, et al,
Defendants.

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Case No. 15-CV-309-SMY-MAB

MEMORANDUM AND ORDER
YANDLE, District Judge:
This matter is before the Court on the Report and Recommendation (“Report”) of United
States Magistrate Judge Mark A. Beatty (Doc. 507), recommending that Plaintiff’s Motion to
Sever Claim as to Plaintiffs Williams, Chairs, and Turner (Doc. 462) be granted. No objections to
the Report have been filed. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b)(2); SDIL-LR 73.1(b).
For the following reasons, Judge Beatty’s Report is ADOPTED.
When neither timely nor specific objections are made, the Court need not conduct a de
novo review of the Report. See Thomas v. Arn, 474 U.S. 140 (1985). Instead, the Court reviews
the Report for clear error. Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999).
The Court may then “accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1).
Here, Judge Beatty thoroughly discussed and supported his conclusion that Plaintiffs
Turner, Williams, and Chairs’ claims should be severed from this putative class action and that
their previously filed cases should be reinstated.

The Court finds no clear error with Judge

Beatty’s findings, analysis, or conclusions, and accordingly, adopts his Report and

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Recommendation in its entirety.
Accordingly, the following cases are hereby SEVERED from this action: Turner v. Spiller,
et al., 3:16-cv-131-SMY-MAB; Williams v. Mull, et al., 3:15-cv-523-SMY-MAB; and, Chairs v.
IDOC, et al., 3:15-cv-1359-SMY-MAB. The Clerk of Court is DIRECTED to file this Order in
those cases.
IT IS SO ORDERED.
DATED: March 25, 2019
s/ Staci M. Yandle
STACI M. YANDLE
United States District Judge

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