Schorr v. Walton et al

Filing 72

MEMORANDUM AND ORDER, The Court ADOPTS the Report in its entirety (Doc. 65 ); GRANTS True's motion to dismiss (Doc. 43 ); DISMISSES Counts 1, 2 and 3 against True without prejudice; and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case. Signed by Judge J. Phil Gilbert on 6/7/2017. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MATTHEW P. SCHORR,
Plaintiff,
v.

Case No. 15-cv-1242-JPG-SCW

JEFFREY S. WALTON, WILLIAM TRUE,
III, THOMAS R. CANE and TODD SLOOP,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc.
65) of Magistrate Judge Stephen C. Williams recommending that the Court grant the motion to
dismiss filed by defendant William True, III, sued in his official capacity as the acting warden of
USP-Marion, (Doc. 43) and dismiss as moot the claims against True in Counts 1, 2 and 3 without
prejudice.
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. 65);



GRANTS True’s motion to dismiss (Doc. 43);



DISMISSES Counts 1, 2 and 3 against True without prejudice; and



DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case.

True is terminated as a defendant in this case.
IT IS SO ORDERED.
DATED: June 7, 2017
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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