McDougle v. Watson et al
MEMORANDUM AND ORDER, The Court ADOPTS the Report in its entirety (Doc. 28 ), CONVERTS the Motion for Judgment on the Pleadings (Doc. 17) to a Motion for Summary Judgment, GRANTS the Motion for Summary Judgment (Doc. 17 ), DISMISSES this action with prejudice, and DIRECTS the Clerk of Court to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 12/6/2017. (jdh)
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
Case No. 3:17-cv-00091-JPG-DGW
RICHARD WATSON, PHILLIP
MCLAURIN, THOMAS TRICE, NANCY
SUTHERLAND, and LEVI BRIDGES,
MEMORANDUM & ORDER
J. PHIL GILBERT, DISTRICT JUDGE
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc.
28) of Magistrate Judge Donald G. Wilkerson with regard to the Defendants’ Motion for
Judgment on the Pleadings (Doc. 17). 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).
Here, plaintiff has filed what he styles as an objection, but that document does nothing
more than reassert the claims in his complaint: that the “St. Clair County Sheriff Dept. violated
[his] Eighth & Fourteenth Amendment [rights]” and that he was “subject to poor living
conditions”. (Doc. 29.) A reiteration of claims in the complaint is not a proper objection that
requires a de novo review of the Report. Regardless, the Court has reviewed the Report for clear
error and agrees with Magistrate Judge Wilkerson’s recommendation that (1) the statute of
limitations on plaintiff’s claim expired at least a year before plaintiff filed his claim, and (2)
there is no reason to grant plaintiff’s request for equitable or statutory tolling. Accordingly, the
ADOPTS the Report in its entirety (Doc. 28);
CONVERTS the Motion for Judgment on the Pleadings (Doc. 17) to a Motion for
GRANTS the Motion for Summary Judgment (Doc. 17);
DISMISSES this action with prejudice; and
DIRECTS the Clerk of Court to enter judgment accordingly.
IT IS SO ORDERED.
DATED: DECEMBER 6, 2017
s/ J. Phil Gilbert
J. PHIL GILBERT
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