Kramer v. USA

Filing 15

MEMORANDUM AND ORDER, The Court ADOPTS the Report in its entirety (Doc. 11 ); and DENIES the United States Rule 12(b)(5) motion to dismiss (Doc. 5 ). Signed by Judge J. Phil Gilbert on 1/8/2016. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BENJAMIN BARRY KRAMER,
Plaintiff,
v.

Case No. 15-cv-420-JPG-PMF

UNITED STATES OF AMERICA,
Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc.
11) of Magistrate Judge Philip M. Frazier recommending that the Court deny the United States’
Rule 12(b)(5) motion to dismiss for lack of service of process (Doc. 5).
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. 11); and



DENIES the United States’ Rule 12(b)(5) motion to dismiss (Doc. 5).

IT IS SO ORDERED.
DATED: January 8, 2016
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE