Smith v. Hanes et al

Filing 33

MEMORANDUM AND ORDER, The Court ADOPTS the Report in its entirety (Doc. 32), GRANTS Hanes's motion for summary judgment (Doc. 25), DISMISSES Count 1 against defendant Hanes without prejudice for failure to exhaust administrative remedies as required by 42 U.S.C. § 1997e(a), and DIRECTS the Clerk of Court to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 5/29/2018. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DIONTE M. SMITH,
Plaintiff,
v.

Case No. 17-cv-404-JPG-SCW

LT. VINCE HANES, CAPT. MOUNT and
SUPERINTENDENT TRAVIS SCOTT,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc.
32) of Magistrate Judge Stephen C. William recommending that the Court grant defendant Lt.
Vince Hanes’s motion for summary judgment (Doc. 25) and dismiss plaintiff Dionte M. Smith’s
claims against Hanes without prejudice for failure to exhaust administrative remedies.
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).
The Court has received no objection to the Report. The Court has reviewed the entire file
and finds that the Report is not clearly erroneous. Accordingly, the Court hereby:


ADOPTS the Report in its entirety (Doc. 32);



GRANTS Hanes’s motion for summary judgment (Doc. 25);



DISMISSES Count 1 against defendant Hanes without prejudice for failure to exhaust
administrative remedies as required by 42 U.S.C. § 1997e(a); and



DIRECTS the Clerk of Court to enter judgment accordingly.

IT IS SO ORDERED.
DATED: May 29, 2018
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE