Beard v. Federal Bureau of Prisons et al

Filing 63

MEMORANDUM AND ORDER, The Court ADOPTS the Report in its entirety (ECF No. 54), OVERRULES Beard's objection (ECF No. 56), GRANTS the Government's motion for summary judgment (ECF No. 22)and DISMISSES defendant United States of America WITHOUT PREJUDICE. Signed by Judge J. Phil Gilbert on 8/28/2018. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
LIONEL R. BEARD,
Plaintiff,
v.

Case No. 3:16-cv-01209-JPG-DGW

FEDERAL BUREAU OF PRISONS, et al,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendations (“Report”)
(ECF No. 54) of Magistrate Judge Donald G. Wilkerson. The Court may accept, reject, or
modify—in whole or in part—the findings or recommendations of a 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 underlying motion for summary judgment is about whether Beard has exhausted his
administrative remedies. (ECF No. 22.) As the Report indicates—and as Beard admits—it is
clear that he failed to file the required Standard Form 95 before filing this suit, so the Court must
dismiss this case. (See generally ECF No. 54.) Beard has filed what he stylizes as an objection,
but his objection does not address the legal or factual analysis in the Report. Accordingly, the
Court:


ADOPTS the Report in its entirety (ECF No. 54);



OVERRULES Beard’s objection (ECF No. 56);



GRANTS the Government’s motion for summary judgment (ECF No. 22); and
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

DISMISSES defendant United States of America WITHOUT PREJUDICE.

IT IS SO ORDERED.
DATED: AUGUST 28, 2018
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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