Price v. Huggins
Filing
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MEMORANDUM AND ORDER, The Court hereby ADOPTS the Report in its entirety (Doc. 16 ) and GRANTS Defendant Huggins' Motion (Doc. 14 ) for Summary Judgment based on Plaintiff's failure to Exhaust his Administrative Remedies. This matter is DISMISSED without prejudice. The Clerk of Court is DIRECTED to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 5/8/2017. (jdh)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
SEAN M. PRICE,
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Plaintiff,
vs.
D. HUGGINS,
Defendant.
Case No. 16-cv-00817-JPG-DGW
MEMORANDUM AND ORDER
This matter comes before the court on the Report and Recommendation (“R & R”) (Doc.
16) of Magistrate Judge Donald G. Wilkerson with regard to Defendant’s Motion (Doc. 14) 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. 16) and GRANTS Defendant Huggins’ Motion (Doc. 14) for
Summary Judgment based on Plaintiff’s failure to Exhaust his Administrative Remedies. This
matter is DISMISSED without prejudice.
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The Clerk of Court is DIRECTED to enter judgment accordingly.
IT IS SO ORDERED.
DATED: 5/8/2017
s/J. Phil Gilbert
J. PHIL GILBERT
U.S. DISTRICT JUDGE
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