Henderson v. Butler et al

Filing 55

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court ADOPTS in its entirety Judge Williams' Report and Recommendation (Doc. 52 ) and GRANTS Defendants' motion for summary judgment as to Defendant Christopher Fleming. Plaintiff 's claims against Defendant Fleming are DISMISSED without prejudice. The Court DENIES Defendants' motion for summary judgment as to Defendants Godinez, Butler, Jones, Payne, Sumner, Hill, Brookman, Anthony, and Shoenbeck. Plaintiff's claims against these Defendants remain pending. The Plaintiff's motions for injunctive relief (Docs. 38 , 40 ) are DENIED. Signed by Chief Judge Michael J. Reagan on 3/10/17. (rah)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
SHAUN HENDERSON,
Plaintiff,
vs.
KIMBERLY BUTLER,
SALVADOR GODINEZ,
ALEX JONES,
BRANDON ANTHONY,
VICKI PAYNE,
SUE HILL,
C. FLEMING,
K. BROOKMAN,
C. SUMNER, and
J. SCHOENBECK,
Defendants.

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Case No. 15-cv-0529-MJR-RJD

MEMORANDUM AND ORDER
REAGAN, Chief District Judge:
In 2015, Plaintiff Shaun Henderson brought suit against several officials at the
Menard Correctional Center, alleging that he was unlawfully held in segregation for
two false disciplinary tickets in 2013 and one false disciplinary ticket in 2014. The case
comes before the Court on Defendants’ motion for summary judgment due to Plaintiff’s
failure to exhaust administrative remedies (Doc. 25) filed May 19, 2016, with a
supporting memorandum (Doc. 26). Also before the Court are two motions by Plaintiff
for injunctive relief (Docs. 38, 40) in which Plaintiff seeks a transfer from Menard and
requests to have his family visitation rights reinstated. Magistrate Judge Reona J. Daly
held an evidentiary hearing on the motion on February 2, 2017.
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On February 22, 2017, pursuant to 28 U.S.C. 636(b), Magistrate Judge Daly
submitted a detailed Report & Recommendations (Doc. 52) to the undersigned Chief
District Judge. According to the Report, Plaintiff exhausted his administrative remedies
as to all of the defendants except for Defendant Fleming. The Report recommends that
the undersigned grant Defendants’ motion for summary judgment as to Defendant
Christopher Fleming and dismiss without prejudice Plaintiff’s claims against Fleming.
The Report recommends that the undersigned deny the motion as to Defendants
Godinez, Butler, Jones, Payne, Sumner, Hill, Brookman, Anthony, and Shoenbeck.
Finally, the Report recommends that Plaintiff’s motions for injunctive relief be denied.
The docket entry associated with the Report and Recommendations clearly states that
any objections to Judge Daly’s findings and recommendations were due by March 8,
2017.
No objections were filed by that deadline, nor did either party move for
additional time to file objections. Accordingly, this Court need not conduct a de novo
review. See 28 U.S.C. 636(b)(1)(“A judge of the court shall make a de novo
determination

of

those

portions

of

the

report

or

specified

findings

or

recommendations to which objection is made.”); Fed. Rule Civ. P. 72(b)(3)(“The
district judge must determine de novo any part of the magistrate judge’s disposition
that has been properly objected to. The district judge may accept, reject, or modify
the recommended disposition; receive further evidence; or return the matter to the
magistrate judge with instructions”).

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The Court ADOPTS in its entirety Judge Williams’ Report and Recommendation
(Doc. 52) and GRANTS Defendants’ motion for summary judgment as to Defendant
Christopher Fleming. Plaintiff’s claims against Defendant Fleming are DISMISSED
without prejudice. The Court DENIES Defendants’ motion for summary judgment as
to Defendants Godinez, Butler, Jones, Payne, Sumner, Hill, Brookman, Anthony, and
Shoenbeck. Plaintiff’s claims against these Defendants remain pending. The Plaintiff’s
motions for injunctive relief (Docs. 38, 40) are DENIED.
IT IS SO ORDERED.
DATED: March 10, 2017

s/ Michael J. Reagan
MICHAEL J. REAGAN
Chief Judge
United States District Court

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