Walker v. Lakin et al

Filing 47

MEMORANDUM AND ORDER, the Court hereby ADOPTS the Report in its entirety (Doc. 42 ). Defendant Sergeant Dover's Motion (Doc. 36 ) for Summary Judgment is GRANTED and defendant Sergeant Dover is DIMISSED without prejudice. There are no remaining defendants in this matter. As such, this matter is DISMISSED without prejudice and the Clerk of Court is DIRECTED to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 8/9/2017. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
KEITH WALKER,
Plaintiff,
vs.
SHERIFF JOHN LAKIN, et al.,
Defendants.

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Case No. 15-cv-00395-JPG-SCW

MEMORANDUM AND ORDER
This matter comes before the court on the Report and Recommendation (“R & R”) (Doc.
42) of Magistrate Judge Stephen C. Williams with regard to defendant Sergeant Dover’s Motion
[Doc. 36] for Summary Judgment. The plaintiff filed an objection [Doc. 44] 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 R & R recommends granting Sergeant Dover’s motion because the plaintiff has not
demonstrated actual facts to recover on his claim. Plaintiff’s objection is exactly the same as his
response to the motion – “that the Court will disregard their order and take a good look at my
complaint.” [Doc. 44]. A party must raise specific objections to the report and recommendation.
Fed. R. Civ. P. 72(b). A general objection to the magistrate judge’s decision, without more, does
not satisfy this standard. Johnson v. Zema Sys. Corp., 170 F.3d 734, 741 (7th Cir. 1999).
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Although plaintiff filed an objection, it was a general objection that did not cite to any
specific error of law or fact within the R & R. Further, the R & R correctly addressed plaintiff’s
request for the Court to “closely review his complaint” and the Court finds no error in its
analysis.
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. 42].

Defendant

Sergeant Dover’s Motion [Doc. 36] for Summary Judgment is GRANTED and defendant
Sergeant Dover is DIMISSED without prejudice. There are no remaining defendants in this
matter. As such, this matter is DISMISSED without prejudice and the Clerk of Court is
DIRECTED to enter judgment accordingly. Any pending motions are denied as moot.
IT IS SO ORDERED.
DATED: 8/9/2017
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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