Toscano v. Wexford Health Sources et al

Filing 78

MEMORANDUM AND ORDER, The Court ADOPTS the Report in its entirety (Doc. 76 ); DENIES the defendants' motion for summary judgment (Doc. 58 ). Signed by Judge J. Phil Gilbert on 7/7/2017. (jdh)

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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS RIGOBERTO TOSCANO, Plaintiff, v. Case No. 16-cv-216-JPG-SCW WEXFORD HEALTH SOURCES, DR. SHAH and DR. ORMUNDSON, Defendant. MEMORANDUM AND ORDER This matter comes before the Court on the Report and Recommendation (“Report”) (Doc. 76) of Magistrate Judge Stephen C. Williams recommending that the Court deny the defendants’ motion for summary judgment asserting plaintiff Rigoberto Toscano failed to exhaust his administrative remedies before filing suit (Doc. 58). No party has objected to the Report. 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 objections 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. 76);  DENIES the defendants’ motion for summary judgment (Doc. 58). IT IS SO ORDERED. DATED: July 7, 2017 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE

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