Green v. Godinez et al

Filing 55

ORDER ADOPTING 54 REPORT AND RECOMMENDATIONS; granting 34 Motion for Summary Judgment on the issue of Exhaustion of Administrative Remedies. Signed by Judge Staci M. Yandle on 7/22/2016. (rlw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JERMELL GREEN, M43000,
Plaintiff,
vs.

Case No. 15-cv-00589-SMY-PMF

SALVADOR GODINEZ, et al.,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc. 54) of
Magistrate Judge Philip M. Frazier recommending this Court grant Defendants’ Motion for Summary
Judgment on the Issue of Exhaustion of Administrative Remedies (Doc. 34). Plaintiff did not object or
otherwise respond to the Report.
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, having received no objection to the Report and having reviewed Plaintiff’s motions
and case history, finds that the Report is not clearly erroneous. Accordingly, the Report of Magistrate
Judge Frazier (Doc. 54) is ADOPTED and Defendants’ Motion for Summary Judgment on the Issue of
Exhaustion of Administrative Remedies (Doc. 34) is GRANTED.
IT IS SO ORDERED.
DATED: July 22, 2015

s/ Staci M. Yandle
STACI M. YANDLE
DISTRICT JUDGE