Cotton v. Watson et al

Filing 44

MEMORANDUM AND ORDER, The Court hereby ADOPTS the Report in its entirety (Doc. 42 ) and DENIES Defendants' Motion (Doc. 27 ) for Summary Judgment for Failure to Exhaust Administrative Remedies. Signed by Judge J. Phil Gilbert on 9/21/2016. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
LEONARD C. COTTON, SR.,
Plaintiff,
vs.
SHERIFF RICHARD WATSON, et al.,
Defendants.

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Case No. 15-cv-00477-JPG-DGW

MEMORANDUM AND ORDER
This matter comes before the court on the Report and Recommendation (“R & R”) (Doc. 42)
of Magistrate Judge Donald G. Wilkerson with regard to Defendants’ Motion (Doc. 27) for Summary
Judgment for Failure to Exhaust Administrative Remedies. 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. 42) and DENIES Defendants’ Motion (Doc. 27) for Summary Judgment
for Failure to Exhaust Administrative Remedies.

IT IS SO ORDERED.
DATED: 9/21/2016

s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE