Jenkins v. United States Postal Service et al

Filing 54

MEMORANDUM AND ORDER, The Court ADOPTS the Report in its entirety (ECF No. 53) and DENIES the defendant's motion to dismiss for lack of prosecution (ECF No. 45). Signed by Judge J. Phil Gilbert on 2/7/2019. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ANTWON D. JENKINS,
Plaintiff,
v.

Case No. 3:17-cv-00937-JPG-MAB

RANDY COBB,
Defendant.
MEMORANDUM AND ORDER
J. PHIL GILBERT, DISTRICT JUDGE
This matter comes before the Court on the Report and Recommendation (“Report”) (ECF
No. 53) of Magistrate Judge Mark A. Beatty with regard to defendant’s motion to dismiss for
lack of prosecution. 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:
•

ADOPTS the Report in its entirety (ECF No. 53); and

•

DENIES the defendant’s motion to dismiss for lack of prosecution (ECF No. 45).

IT IS SO ORDERED.
DATED: FEBRUARY 7, 2019
s/ J. Phil Gilbert
J. PHIL GILBERT
U.S. DISTRICT JUDGE