Ruiz v. Bailey et al

Filing 48

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Court hereby ADOPTS Magistrate Judge Reona J. Daly's Report and Recommendations (Doc. 46 ) without objection from the parties. Defendant's Motion for Summary Judgment for Failure to Exhaust Administrative Remedies (Doc. 38 ) is GRANTED, and Plaintiff's claims against Defendant Vipin Shah are DISMISSED without prejudice. The Clerk of Court is DIRECTED to close the case. Signed by Judge Staci M. Yandle on 11/15/2018. (bps)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

ANDREW RUIZ,
Plaintiff,
vs.
VIPIN SHAH,
Defendant.

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Case No. 17-CV-107-SMY-RJD

MEMORANDUM AND ORDER
YANDLE, District Judge:
This matter is before the Court on the Report and Recommendation of United States
Magistrate Judge Reona J. Daly (Doc. 46) recommending that the Court grant Defendant Vipin
Shah’s Motion for Summary Judgment for Failure to Exhaust Administrative Remedies (Doc.
38). No objections to the Report have been filed. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P.
72(b)(2); SDIL-LR 73.1(b).

For the following reasons, Judge Daly’s Report and

Recommendation is ADOPTED.
When neither timely nor specific objections to a Report and Recommendation are made,
the Court need not conduct a de novo review. See Thomas v. Arn, 474 U.S. 140 (1985). Instead,
the Court reviews the Report for clear error. Johnson v. Zema Systems Corp., 170 F.3d 734, 739
(7th Cir. 1999). The Court may “accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1).
Here, Judge Daly thoroughly discussed and supported her conclusion that Plaintiff failed
to exhaust his available administrative remedies regarding his claims in this case. The Court
fully agrees with Judge Daly’s findings, analysis and conclusions, and ADOPTS her Report and
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Recommendation in its entirety. Accordingly, Plaintiff’s claim is DISMISSED WITHOUT
PREJUDICE. The Clerk of Court is DIRECTED to close the case.
IT IS SO ORDERED.
DATED: November 15, 2018
s/ Staci M. Yandle
STACI M. YANDLE
United States District Judge

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