Thomas v. Lakin

Filing 27

MEMORANDUM AND ORDER, The Court ADOPTS the Report in its entirety (Doc. 22 ), GRANTS Lakin's motion to dismiss (Doc. 19 ), DISMISSES without prejudice as moot Thomas's claim for injunctive relief under RLUIPA, and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case. Signed by Judge J. Phil Gilbert on 2/21/2018. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
FRANK THOMAS,
Plaintiff,
v.

Case No. 16-cv-896-JPG-SCW

JOHN LAKIN,
Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc.
22) of Magistrate Judge Stephen C. Williams recommending that the Court grant the motion to
dismiss filed by defendant Lakin (Doc. 19) and dismiss as moot plaintiff Frank Thomas’s claim
under the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 52 U.S.C.
§ 2000cc-1(a), in light of his transfer away from the jail Lakin runs.
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 objection 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. 22);



GRANTS Lakin’s motion to dismiss (Doc. 19);



DISMISSES without prejudice as moot Thomas’s claim for injunctive relief under

RLUIPA; and


DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case.

IT IS SO ORDERED.
DATED: February 21, 2018
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE