Glenn v. USA et al

Filing 40

MEMORANDUM AND ORDER, The Court hereby ADOPTS the Report in its entirety (Doc. 37 ) and GRANTS in part and DENIES in part Defendants' Motion(Doc. 32 ) to Dismiss or in the alterative, Motion for Summary Judgment. Signed by Judge J. Phil Gilbert on 5/4/2017. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RANDY GLENN,
Plaintiff,
vs.
USA, et al.,
Defendants.

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Case No. 16-cv-00081-JPG-DGW

MEMORANDUM AND ORDER
This matter comes before the court on the Report and Recommendation (“R & R”) (Doc.
37) of Magistrate Judge Donald G. Wilkerson with regard to Defendants’ Motion (Doc. 32) to
Dismiss or in the alternative, Motion for Summary Judgment. 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 Report. The Court 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. 37) and GRANTS in part and DENIES in part Defendants’ Motion
(Doc. 32) to Dismiss or in the alterative, Motion for Summary Judgment. Defendants’ Motion to
Dismiss with regard to Count One is GRANTED.
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Count One of plaintiff’s complaint is

DISMISSED without prejudice and plaintiff is GRANTED leave to file an amended complaint
that includes a certificate of merit within 30 days of this Order. Plaintiff is WARNED that
failure to file an amended complaint with a certificate of merit within the time allotted will result
in the dismissal of Count One being converted to a dismissal with prejudice without further
action.
Defendants’ Motion to Dismiss with regard to Count Two is DENIED without prejudice
and as indicated within the R & R, defendants are ADVISED that they may file a motion for
summary judgment on the issues raised within the motion to dismiss on or before the dispositive
motion deadline set forth in the Scheduling Order (Doc. 31).
IT IS SO ORDERED.
DATED: 5/4/2017
s/J. Phil Gilbert
J. PHIL GILBERT
U.S. DISTRICT JUDGE

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