Kitterman v. Dunne et al

Filing 52

ORDER ADOPTING 46 Report and Recommendations and DENYING 21 Motion for TRO/Preliminary Injunction. Signed by Judge Nancy J. Rosenstengel on 9/17/2018. (klh2)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
SHANE KITTERMAN,
Plaintiff,
vs.
MICHAEL DUNNING,
Defendant.

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Case No. 18-CV-114-NJR-DGW

MEMORANDUM AND ORDER
ROSENSTENGEL, District Judge:
Plaintiff Shane Kitterman is proceeding on an Eighth Amendment claim against
Defendant Michael Dunning in which he alleges that Officer Dunning fondled his
genitals during a routine strip search at Shawnee Correctional Center (Doc. 7). In June
2018, Kitterman filed a motion seeking injunctive relief regarding the ineffective
grievance process at Shawnee (Doc. 21). Magistrate Judge Donald G. Wilkerson entered
a Report and Recommendation on August 24, 2018, in which he recommends mooting
Kitterman’s request for a temporary restraining order and denying Kitterman’s request
for a preliminary injunction (Doc. 46). Kitterman did not file an objection to the Report
and Recommendation by the deadline (see id.).
Because no party has filed an objection, the undersigned need not undertake de
novo review. 28 U.S.C. § 636(b)(1)(C) (“A judge of the court shall make a de novo
determination of those portions of the report or specified proposed findings or
recommendations to which objection is made.”) (emphasis added). See also Thomas v. Arn,
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474 U.S. 140 (1985); Johnson v. Zema Sys. Corp., 170 F.3d 734, 741 (7th Cir. 1999); Video
Views, Inc. v. Studio 21, Ltd., 797 F.2d 538 (7th Cir. 1986).
The undersigned accordingly ADOPTS in its entirety Magistrate Judge
Wilkerson’s Report and Recommendation, with a slight modification as to the ruling
(Doc. 46). Kitterman’s motion for injunctive relief (Doc. 21) is DENIED.
IT IS SO ORDERED.
DATED: September 17, 2018
____________________________
NANCY J. ROSENSTENGEL
United States District Judge

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