Gabb v. Wexford Health Source, Inc. et al

Filing 42

MEMORANDUM AND ORDER, The Court hereby ADOPTS the Report in its entirety (Doc. 35 ) and DENIES Plaintiff's Motion (Doc. 27 ) for Preliminary Injunction. Signed by Judge J. Phil Gilbert on 3/6/2017. (jdh)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS TYRONE GABB, Plaintiff, vs. WEXFORD HEALTH SOURCE, INC, et al., Defendants. ) ) ) ) ) ) ) ) ) ) Case No. 15-cv-01415-JPG-DGW MEMORANDUM AND ORDER This matter comes before the court on the Report and Recommendation (“R & R”) (Doc. 35) of Magistrate Judge Donald G. Wilkerson with regard to Plaintiff’s Motion (Doc. 27) for Preliminary Injunction. The R & R recommends that the plaintiff’s motion be denied and 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 R & R and has reviewed the entire file and finds that the R & R is not clearly erroneous. Accordingly, the Court hereby ADOPTS the Report in its entirety (Doc. 35) and DENIES Plaintiff’s Motion (Doc. 27) for Preliminary Injunction. IT IS SO ORDERED. DATED: 3/6/2017 S/J. Phil Gilbert J. PHIL GILBERT U.S. DISTRICT JUDGE

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