Schollmeyer v. Lind et al

Filing 25

MEMORANDUM AND ORDER, The Court ADOPTS the Report in its entirety (Doc. 22 ), GRANTS the defendants' motion to dismiss (Doc. 15 ), and DISMISSES with prejudice Count II of the complaint (Doc. 1 ). The Court DIRECTS the Clerk of Court to terminate Madison County Sheriff's Department as a defendant in this case. Signed by Judge J. Phil Gilbert on 2/7/2018. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
LARRY R. SCHOLLMEYER,
Plaintiff,
v.

Case No. 3:17-cv-00407-JPG-RJD

OFFICER LIND, JOHN DOE #1, and
MADISON COUNTY SHERIFF’S
DEPARTMENT,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc.
22) of Magistrate Judge Reona J. Daly with regard to the defendants’ motion to dismiss (Doc.
15). 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, 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. 22);



GRANTS the defendants’ motion to dismiss (Doc. 15); and



DISMISSES with prejudice Count II of the complaint (Doc. 1). The Court DIRECTS
the Clerk of Court to terminate Madison County Sheriff’s Department as a defendant in
this case.

IT IS SO ORDERED.
DATED: FEBRUARY 7, 2018
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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