Rodriguez v. Krank et al

Filing 56

MEMORANDUM AND ORDER, The Court adopts the Report in its entirety (Doc. 54 ) and GRANTS Defendant Loral Crank's Motion (Doc. 51 ) for Summary Judgment. This matter is DISMISSED without prejudice and the Clerk of Court is DIRECTED to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 7/27/2017. (jdh)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS JOSE ADAM RODRIGUEZ, Plaintiff, vs. LORAL KRANK and WEXFORD HEALTH SERVICES, INC, Defendants. ) ) ) ) ) ) ) ) ) ) Case No. 15-cv-00897-JPG-RJD MEMORANDUM AND ORDER This matter comes before the court on the Report and Recommendation (“R & R”) (Doc. 54) of Magistrate Judge Reona J. Daly with regard to Defendant Loral1 Crank’s Motion (Doc. 51) for Summary Judgment. 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. 2 The Court has reviewed the entire file and finds that the R & R is not clearly erroneous. Accordingly, the Court hereby ADOPTS 1 Defendant Crank’s first name is spelled “Loral” on the docket and in several documents and “Laurel” in the R & R and the Motion for Summary Judgment, and other documents. Since the Court is unsure of the correct spelling, it is using defendant’s name as indicated on the docket. 2 The Court notes that the R & R was not sent to the plaintiff until July 10, 2017 and any objection would be due on or before July 24, 2017 - not on July 21, 2017 as indicated in the docket. However, the Court also notes that the mail containing the R & R was returned to this Court. Plaintiff has failed to keep the Court advised of his current address as previously directed. the Report in its entirety (Doc. 54) and GRANTS Defendant Loral Crank’s Motion (Doc. 51) for Summary Judgment. This matter is DISMISSED without prejudice and the Clerk of Court is DIRECTED to enter judgment accordingly. IT IS SO ORDERED. DATED: 7/27/2017 s/J. Phil Gilbert J. PHIL GILBERT U.S. DISTRICT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?