Houck v. USA et al

Filing 31

MEMORANDUM AND ORDER, The Court ADOPTS the Report in its entirety (Doc. 30 ), GRANTS defendant Bagwell's motion to dismiss (Doc. 23 ) and defendant Harbison's motion to dismiss (Doc. 25 ),DISMISSES all claims against Bagwell and Harbison without prejudice for lack of subject matter jurisdiction, DENIES all other pending motions (Docs. 28 & 29 ) as MOOT in light of the termination of all the claims in this case 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
KENNETH HOUCK,
Plaintiff,
v.

Case No. 17-cv-474-JPG-SCW

UNITED STATES OF AMERICA,
RANDALL PASS, FEDERAL BUREAU OF
PRISONS, MS. BAGWELL, LESLIE
BROOKS, and MS. HARBISON,,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc.
30) of Magistrate Judge Stephen C. Williams recommending that the Court grant the motions to
dismiss for lack of subject matter jurisdiction filed by defendants Bagwell and Harbison (Docs.
23 & 25).
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. 30);



GRANTS defendant Bagwell’s motion to dismiss (Doc. 23) and defendant Harbison’s
motion to dismiss (Doc. 25);



DISMISSES all claims against Bagwell and Harbison without prejudice for lack of
subject matter jurisdiction;



DENIES all other pending motions (Docs. 28 & 29) as MOOT in light of the termination
of all the claims in this case; 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
DISTRICT JUDGE