Moir v. Amdahl et al

Filing 37

ORDER ADOPTING 36 Report and Recommendation, GRANTING 31 MOTION for Summary Judgment filed by David W. Rains and DENYING 34 MOTION for Sanctions (Rule 37) filed by Timothy J. Amdahl. Signed by Judge David R. Herndon on 10/29/2018. (jer)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DREW M. MOIR,
Plaintiff,
v.

No. 17-cv-66-DRH-RJD

TIMOTHY J. AMDAHL and DAVID W.
RAINS,
Defendants.
MEMORANDUM and ORDER
HERNDON, District Judge:
Pending

before

the

Court

is

an

October

9,

2018

Report

and

Recommendation (“the Report”) issued by Magistrate Judge Reona J. Daly. (Doc.
36). Judge Daly recommends that the Court grant Defendant Rains’ motion for
summary judgment (Doc. 31) and deny Defendant Amdahl’s motion for sanctions.
(Doc. 34). The recommendation to grant Rains’ motion for summary judgment on
Plaintiff’s claim for injunctive relief was made because “there is no evidence that
Plaintiff is likely to be transferred back to Robinson as he is no longer in IDOC
custody.” (Doc. 36, p. 3). The recommendation to deny Amdahl’s motion for
sanctions for Plaintiff’s failure to appear at his scheduled deposition was made
because “it appears Plaintiff’s deposition was scheduled about the same time
Plaintiff was detained or incarcerated in Iowa. Moreover, it appears Plaintiff would
not have been able to respond to Defendant’s motion as he likely did not receive a
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copy of the same given his circumstances.” Id. at p.4-5.
The Report was sent to the parties with a notice informing them of their
right to appeal by way of filing “objections” within (14) days of service. (See Doc.
36, p. 5). To date, neither party has filed objections and the period in which to file
objections has expired. Therefore, pursuant to 28 U.S.C. § 636(b), the Court need
not conduct de novo review of this matter. Thomas v. Arn, 474 U.S. 140, 149-52
(1985).
Accordingly, the Court ADOPTS the Report in its entirety (Doc. 36). The
Court GRANTS Rains’ motion for summary judgment (Doc. 31), DENIES
Amdahl’s motion for sanctions (Doc. 34), and enters judgment in favor of Rains
and against Moir. Clerk to terminate Rains as a defendant on the Court’s docket.
IT IS SO ORDERED.

Judge Herndon
2018.10.29
15:09:11 -05'00'
United States District Judge

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