Stewart v. Lakin et al

Filing 52

MEMORANDUM AND ORDER, The Court ADOPTS the Report in its entirety (Doc. 50 ); and DENIES the defendants' motion to dismiss (Doc. 35 ). Signed by Judge J. Phil Gilbert on 6/9/2017. (jdh)

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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS JOHN STEWART, Plaintiff, v. Case No. 15-cv-974-JPG-DGW JOHN LAKIN, GARY BOST and MIKE TASSONE, Defendants. MEMORANDUM AND ORDER This matter comes before the Court on the Report and Recommendation (“Report”) (Doc. 50) of Magistrate Judge Donald G. Wilkerson recommending that the Court deny the defendants’ motion to dismiss pursuant to Federal Rule of Civil Procedure 41(b) (Doc. 35). 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. 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 Report is not clearly erroneous. Accordingly, the Court hereby:  ADOPTS the Report in its entirety (Doc. 50); and  DENIES the defendants’ motion to dismiss (Doc. 35). IT IS SO ORDERED. DATED: June 9, 2017 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE

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