Paige v. Wexford Health Sources, Inc. et al

Filing 55

ORDER ADOPTING the Report and Recommendations of Magistrate Judge Daly (Doc. 54 ). Defendants' Motion for Summary Judgment on the Issue of Exhaustion of Administrative Remedies (Doc. 39 ) is DENIED. Signed by Judge Staci M. Yandle on 8/24/2018. (bps)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

CORY PAIGE,
Plaintiff,
vs.
KIMBERLY BUTLER, et al.,
Defendants.

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Case No. 16-CV-858-SMY-RJD

MEMORANDUM AND ORDER
This matter is before the Court on the Report and Recommendation of United States
Magistrate Judge Reona J. Daly (Doc. 54) recommending the denial of Defendants Butler,
Mathis, Pierce, Smolak, Caron and Howell’s Motion for Summary Judgment for Failure to
Exhaust Administrative Remedies (Doc. 39). No objections to the Report and Recommendation
have been filed. See 28 U.S.C. § 636(b)(1); FED. R. CIV. P. 72(b)(2); SDIL-LR 73.1(b). For the
following reasons, Judge Daly’s Report and Recommendation is ADOPTED in its entirety.
When neither timely nor specific objections to a Report and Recommendation are made,
the Court need not conduct a de novo review of the Report and Recommendation. See Thomas v.
Arn, 474 U.S. 140 (1985). Instead, the Court reviews the Report and Recommendation for clear
error. Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999). The Court may then
“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).
Here, Judge Daly thoroughly discussed and supported her conclusion that Plaintiff has
exhausted his available administrative remedies regarding his claims in this matter. The Court
fully agrees with Judge Daly’s findings, analysis and conclusions, and accordingly, adopts her

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Report and Recommendation.
IT IS SO ORDERED.
DATED: August 24, 2018
s/ Staci M. Yandle
STACI M. YANDLE
United States District Judge

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