Brooks v. Williams et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court ADOPTS Judge Williams' Report and Recommendation (Doc. 38 ) in its entirety and DENIES Defendants' exhaustion-based summary judgment motion (Doc. 27 ). The case will proceed, as scheduled. Signed by Chief Judge Michael J. Reagan on 1/8/2018. (rah)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
COREY A. BROOKS,
and JEFFERY DENNISON,
Case No. 16-cv-0966-MJR-SCW
ORDER ADOPTING DECEMBER 19, 2017
REPORT AND RECOMMENDATION
REAGAN, Chief Judge:
In the above-captioned pro se suit filed under 42 U.S.C. 1983, Corey Brooks (now
confined at Illinois River Correctional Center but previously incarcerated within this
District at Shawnee Correctional Center) alleges that correctional officials violated his
right to religious freedom and equal protection by, for instance, denying him access to
religious services. More specifically, Brooks, a convert to Rastafarianism, alleges that
his access to Sabbath services has been denied, while inmates of other religions are
permitted to participate in their Sabbath services.
Currently before the Court is a summary judgment motion filed by Defendants
Michael Williams (the Chaplain of Shawnee) and Jeffery Dennsion (the Warden of
Shawnee). The July 5, 2017 summary judgment motion and supporting brief assert that
Plaintiff Brooks failed to exhaust administrative remedies before filing this suit (Docs.
27-28). Plaintiff timely opposed the motion (Doc. 30).
Finding disputed issues of fact regarding whether Plaintiff submitted a grievance
to the grievance officer and never received a response, the Honorable Stephen C.
Williams, United States Magistrate Judge, conducted an evidentiary hearing on the
issue of exhaustion.
On December 19, 2017, Judge Williams submitted a Report and Recommendation
(R&R, Doc. 38) recommending that the undersigned deny Defendants’ summary
judgment motion. The R&R plainly stated that any objection must be filed by January 5,
2018 (Doc. 38, p. 13).
That date has passed, and no objection was filed.
undersigned need not conduct de novo review of the R&R. 28 U.S.C. 636(b)(1)(C) (A
judge shall make a de novo determination of those portions of the report or specified
proposed findings or recommendations to which objection is made.); Thomas v. Arn,
474 U.S. 140 (1985); Johnson v. Zema Systems Corp., 170 F.3d 734, 741 (7th Cir. 1999);
Video Views Inc., v. Studio 21, Ltd., 797 F.2d 538 (7th Cir. 1986).
The Court ADOPTS Judge Williams' Report and Recommendation (Doc. 38) in
its entirety and DENIES Defendants’ exhaustion-based summary judgment motion
(Doc. 27). The case will proceed, as scheduled.
IT IS SO ORDERED.
DATED: January 8, 2018
s/ Michael J. Reagan
Michael J. Reagan
United States District Judge
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