Moon v. Rivas, et al

Filing 69

ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Court ADOPTS the Report and Recommendation of Magistrate Judge Phillip M. Frazier (Doc. 65 ). This case is DISMISSED with prejudice. Plaintiff is precluded from filing any further litigation in this Court until he pays all outstanding filing fees. The Clerk of the Court is DIRECTED to enter judgment accordingly. Signed by Judge Staci M. Yandle on 7/25/2016. (hjg)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DARNELL W. MOON,
Plaintiff,
Case No. 15-cv-00891-SMY-PMF

vs.
HENRY RIVAS, et al.,
Defendants.

MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 65) of
Magistrate Judge Philip M. Frazier recommending that this Court dismiss this case with prejudice as a
sanction for fraudulent omissions in Plaintiff’s Complaint in forma pauperis forms, and that Plaintiff be
precluded from filing any further litigation in this Court until he pays his outstanding filing fees.
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).
Having received no objection to the Report, the Court has reviewed Plaintiff's motions and case
history and finds that the Report is not clearly erroneous. Accordingly, the Court ADOPTS the Report of
Magistrate Judge Frazier (Doc. 65) and DISMISSES this case with prejudice. Additionally, Plaintiff is
precluded from filing any further litigation in this Court until he pays all outstanding filing fees. The
Clerk of the Court is DIRECTED to enter judgment accordingly.
IT IS SO ORDERED.

DATED: July 25, 2016

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