Adams v. Illinois Department of Corrections et al

Filing 60

MEMORANDUM AND ORDER, The Court ADOPTS the Report in its entirety (Doc. 58 ); GRANTS Dr. Afuwape's motion for summary judgment (Docs. 31 & 32 ); DISMISSES this case without prejudice for failure to exhaust administrative remedies; DENIES as moot Adams's motions for summary judgment (Docs. 34 & 48 ); and DIRECTS the Clerk of Court to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 2/7/2017. (jdh)

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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS TODD STEVEN ADAMS, Plaintiff, v. Case No. 15-cv-980-JPG-SCW ILLINOIS DEPARTMENT OF CORRECTIONS, WEXFORD HEALTH SOURCES, INC. and DR. AFUWAPE, Defendants. MEMORANDUM AND ORDER This matter comes before the Court on the Report and Recommendation (“Report”) (Doc. 58) of Magistrate Judge Stephen C. Williams recommending that the Court grant defendant Dr. Afuwape’s motion for summary judgment (Doc. 31), deny as moot plaintiff Todd Steven Adams’s motions for summary judgment (Docs. 34 & 48), and dismiss this case because Adams failed to exhaust his administrative remedies before filing suit. 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. 58);  GRANTS Dr. Afuwape’s motion for summary judgment (Docs. 31 & 32);  DISMISSES this case without prejudice for failure to exhaust administrative remedies;  DENIES as moot Adams’s motions for summary judgment (Docs. 34 & 48); and  DIRECTS the Clerk of Court to enter judgment accordingly. IT IS SO ORDERED. DATED: February 7, 2017 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE 2

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