Lindsay v. Menard Correctional Center et al

Filing 41

ORDER GRANTING 39 MOTION to Dismiss filed by Jacqueline Lashbrook and ADOPTING 40 REPORT AND RECOMMENDATIONS re 39 MOTION to Dismiss filed by Jacqueline Lashbrook. Signed by Judge David R. Herndon on 11/2/2018. (jer)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DONALD LINDSAY,
Plaintiff,
v.

No. 17-cv-254-DRH-RJD

JOHN DOES 1-5 and JACQUELINE
LASHBROOK,
Defendants.
MEMORANDUM and ORDER
HERNDON, District Judge:
Pending

before

the

Court

is

an

October

15,

2018

Report

and

Recommendation (“the Report”) issued by Magistrate Judge Reona J. Daly. (Doc.
40). Judge Daly recommends that the Court grant Defendant Lashbrook’s motion
to dismiss (Doc. 39) because “Plaintiff’s conduct demonstrates a record of bad
faith and delay.” (Doc. 40, p. 4).
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. 40). The
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Court GRANTS Lashbrook’s motion to dismiss (Doc. 39).

This litigation is

dismissed with prejudice as to all Defendants. The Court directs the Clerk of
Court to enter judgment in favor of Defendants and against Plaintiff. The file to be
closed.
IT IS SO ORDERED.

Judge Herndon
2018.11.02
17:28:32 -05'00'
United States District Judge

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