Delk v. Watson et al

Filing 31

MEMORANDUM AND ORDER, The Court ADOPTS the Report in its entirety (Doc. 29 ); GRANTS in part and DENIES as moot in part Watson's motion for judgment on the pleadings or, in the alternative, for summary judgment (Doc. 19 ),DISMISSES this case w ithout prejudice DIRECTS the Clerk of Court to enter judgment accordingly; and DIRECTS the Clerk of Court to send a copy of this order and the judgment in this case to Jamau Delk, #Y13093, Menard Correctional Center, P.O. Box 1000, Menard, IL 62259. Signed by Judge J. Phil Gilbert on 1/9/2017. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JAMAU DELK,
Plaintiff,
v.

Case No. 15-cv-1256-JPG-DGW

RICHARD WATSON, PHILLIP
MCLAURIN and UNKNOWN PARTY,
Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc.
29) of Magistrate Judge Donald G. Wilkerson recommending that the Court grant in part and find
as moot in part the defendant Richard Watson’s motion for judgment on the pleadings or, in the
alternative, for summary judgment (Doc. 19), and dismiss this action in its entirety for plaintiff
Jamau Delk’s failure to prosecute.
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. 29);



GRANTS in part and DENIES as moot in part Watson’s motion for judgment on the
pleadings or, in the alternative, for summary judgment (Doc. 19);



DISMISSES this case without prejudice pursuant to Federal Rule of Civil Procedure
41(b) for failure to prosecute and, alternatively, because Delk’s claim for injunctive relief
is moot in light of his transfer to another institution;



DIRECTS the Clerk of Court to enter judgment accordingly; and



DIRECTS the Clerk of Court to send a copy of this order and the judgment in this case to
Jamau Delk, #Y13093, Menard Correctional Center, P.O. Box 1000, Menard, IL 62259.

IT IS SO ORDERED.
DATED: January 9, 2017
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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