Black v. Bennett et al

Filing 36

MEMORANDUM AND ORDER, The Court ADOPTS the Report in its entirety (Doc. 33 ); GRANTS defendant Kevin Kays's Motion to Dismiss with Prejudice and to Substitute the United States of America as Defendant (Doc. 21 ); DISMISSES WITH PREJUDICE defendant Kevin Kays; ADDS the United States of America as a defendant; and AMENDS the screening order. Signed by Judge J. Phil Gilbert on 9/7/2017. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RODNEY EUGENE BLACK,

)
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Plaintiff,
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vs.
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CHARLES PAULIUS and KEVIN KAYS, )
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Defendants.
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Case No. 3:16-cv-1187-JPG-DGW

MEMORANDUM AND ORDER
This matter comes before the court on the Report and Recommendation (“R&R”) (Doc.
33) of Magistrate Judge Donald G. Wilkerson with regard to defendant Kevin Kays’s Motion to
Dismiss with Prejudice and to Substitute the United States of America as Defendant. (Doc. 21.)
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. 33);



GRANTS defendant Kevin Kays’s Motion to Dismiss with Prejudice and to Substitute
the United States of America as Defendant (Doc. 21);



DISMISSES WITH PREJUDICE defendant Kevin Kays;



ADDS the United States of America as a defendant; and



AMENDS the screening order to include the following claim:
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o Count Two: Medical negligence and malpractice claim against Defendant United
States of America under the Federal Tort Claims Act for the actions of Kevin
Kays who failed to adequately treat Plaintiff’s abscessed tooth at Saline County
Jail in 2016.
IT IS SO ORDERED.
DATED: September 7, 2017
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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