Allen v. Butler et al

Filing 83

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The undersigned District Judge ADOPTS in its entirety the Report & Recommendations (Doc. 81 ) submitted by Magistrate Judge Williams and DENIES Defendant Cortney Meyer's motion for summary judgment (Doc. 64 ). Signed by Chief Judge Michael J. Reagan on 1/3/2019. (rah)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS RICHARD ALLEN, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, vs. KIMBERLY BUTLER, C/O HANKS, SGT. BERNER, SGT. BEBOUT, C/O NARUP, C/O CHILDS, C/O MERCER, C/O BRAKING, C/O JAMES, MELISSA COFFEY, CORTNEY MEYER, KENT BROOKS, TEARANCE JACKSON, S. SCHAIFER, and SHARON A. MCGLORAN Defendants. Case No. 17-cv-1004-MJR-GCS ORDER ADOPTING REPORT & RECOMMENDATIONS REAGAN, Chief Judge: On September 19, 2017, Plaintiff Richard Allen filed suit alleging failure to protect, excessive force, deliberate indifference to serious medical needs, and due process claims against Defendants. Defendant Cortney Meyer filed a motion for summary judgment (Doc. 64) arguing that Allen failed to exhaust his administrative remedies against her prior to filing suit. Allen, now represented by counsel, did not respond to Meyer’s motion for summary judgment. On December 11, 2018, Magistrate Judge Stephen C. Williams issued a Report & Recommendations (Doc. 81) recommending that the undersigned deny Defendant Meyer’s motion for summary judgment. The report clearly stated a December 28, 2018 deadline for filing any objection. That deadline has passed, and no party filed 1 objections. As a result, the undersigned need not conduct a de novo review of the Report & Recommendations. See 27 U.S.C. § 636(b)(1). The undersigned District Judge ADOPTS in its entirety the Report & Recommendations (Doc. 81) submitted by Magistrate Judge Williams and DENIES Defendant Cortney Meyer’s motion for summary judgment (Doc. 64). IT IS SO ORDERED. DATED: January 3, 2019 s/ Michael J. Reagan MICHAEL J. REAGAN Chief Judge United States District Court 2

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