Munson v. Overall et al

Filing 55

MEMORANDUM AND ORDER, The Court ADOPTS the Report in its entirety (Doc. 49) and DENIES Munson's motion for a preliminary injunction (Doc. 2). Signed by Judge J. Phil Gilbert on 6/29/2018. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JAMES MUNSON,
Plaintiff,
v.

Case No. 3:17-cv-01277-JPG-DGW

L. OVERALL, et al.,
Defendants.
MEMORANDUM AND ORDER
J. PHIL GILBERT, DISTRICT JUDGE
This matter comes before the Court on the Report and Recommendations (“Report”)
(Doc. 49) of Magistrate Judge Donald G. Wilkerson regarding the plaintiff’s motion for a
preliminary injunction. 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, Munson has asked the Court for a preliminary injunction to ensure that the
defendants do not destroy his dental x-rays before he can obtain them in the discovery process.
Magistrate Judge Wilkerson correctly recommends that the Court deny the motion because there
is no reason to think that Munson will suffer any irreparable harm: there is no evidence that the
defendants have even considered destroying any files in this case, and Munson’s motion is
predicated solely on another inmate’s statements that Lawrence Correctional Center—where
Munson is housed—for some reason has a propensity to destroy x-rays. Munson has filed what
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the Court construes as an objection, but it basically reasserts his request that the dental records be
maintained. (Doc. 51.) In an abundance of caution, the Court has conducted a de novo review of
the file and finds that Munson’s objection is without merit. Accordingly, the Court ADOPTS the
Report in its entirety (Doc. 49) and DENIES Munson’s motion for a preliminary injunction
(Doc. 2).
IT IS SO ORDERED.
DATED: JUNE 29, 2018
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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