Rowling v. Lifchitz et al

Filing 125

ORDER 121 ADOPTING REPORT AND RECOMMENDATIONS, GRANTING 105 Motion for Summary Judgment filed by Jason C. Garnett and Illinois Department of Corrections, GRANTING 103 Motion for Summary Judgment filed by Alan Lifschitz, Wexford Heal th Sources, Inc., Dennis Larson, and Gary Gerst, and DENYING as moot 97 Motion for Leave to Disclose Expert Witness Pursuant to Rule 26(A)(2)(B). This action is DISMISSED with prejudice. The Clerk of Court will enter judgment accordingly. Signed by Chief Judge Nancy J. Rosenstengel on 8/5/2019. (bak)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CLIFFORD ANTONIO ROWLING,
Plaintiff,
v.

Case No. 16-cv-459-NJR-MAB

ALAN LIFSCHITZ, ILLINOIS
DEPARTMENT OF CORRECTIONS,
JASON C. GARNETT, DENNIS
LARSON, GARY GERST, and
WEXFORD HEALTH SOURCES, INC.,
Defendants.

MEMORANDUM AND ORDER
ROSENSTENGEL, Chief Judge:
This matter is before the Court on the Report and Recommendation of United
States Magistrate Judge Mark A. Beatty (Doc. 121) regarding the motion for summary
judgment filed by Defendants Gary Gerst, Dennis Larson, Alan Lifschitz, and Wexford
Health Sources, Inc. (Doc. 103) and the motion for summary judgment filed by Defendant
Jason C. Garnett and the Illinois Department of Corrections (Doc. 105). The Report and
Recommendation was entered on May 10, 2019; it recommends granting both motions
(Doc. 121). Plaintiff Clifford Antonio Rowling (“Rowling”) did not file an objection to the
Report and Recommendation.
Where neither timely nor specific objections to the Report and Recommendation
are made, the Court should review the Report and Recommendation for clear error.
Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999). The Court may then

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“accept, reject, or modify, in whole or in part, the findings or recommendations made by
the magistrate judge.” 28 U.S.C. § 636(b)(1).
The undersigned has reviewed Magistrate Judge Beatty’s Report and
Recommendation and finds there is no clear error in his findings of fact or conclusions of
law. Accordingly, the Report and Recommendation (Doc. 121) is ADOPTED in its
entirety. The Court GRANTS the motion for summary judgment filed by Defendants
Gary Gerst, Dennis Larson, Alan Lifschitz, and Wexford Health Sources, Inc. (Doc. 103)
and GRANTS the motion for summary judgment filed by Defendant Jason C. Garnett
and the Illinois Department of Corrections (Doc. 105). All other pending motions are
DENIED as moot. This action is DISMISSED with prejudice. The Clerk of Court is
DIRECTED to enter judgment accordingly.
IT IS SO ORDERED.
DATED: August 5, 2019
____________________________
NANCY J. ROSENSTENGEL
Chief U.S. District Judge

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