Wilson v. Wexford Health Sources, Inc. et al

Filing 63

ORDER ADOPTING REPORT AND RECOMMENDATIONS (Doc. 58): MOTION for Summary Judgment For Failure to Exhaust Administrative Remedies filed by M. Moldenhauer, Wexford Health Sources Inc, J. Trost, B Nwasbasi (Doc. 43) is DENIED in part and MOO TED in part and MOTION for Summary Judgment on the Issue of Exhaustion of Administrative Remedies filed by K. Butler, Gail Walls (Doc. 46 ) is GRANTED in part and DENIED in part. B Nwasbasi is DISMISSED and and Gail Walls is DISMISSED without prejudice. Signed by Judge Staci M. Yandle on 12/2/2019. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

RECO WILSON,
Plaintiff,
vs.
WEXFORD HEALTH SOURCES, INC.,
et al.,
Defendants.

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Case No. 18-CV-498-SMY-RJD

MEMORANDUM AND ORDER
YANDLE, District Judge:
This matter is before the Court on the Report and Recommendation ("Report") of United
States Magistrate Judge Reona J. Daly (Doc. 58), recommending the denying in part and mooting
in part of Defendants Wexford Health Sources, Inc., M. Moldenhauer, Dr. J. Trost and B.
Nwaobasi’s Motion for Summary Judgment for Failure to Exhaust Administrative Remedies (Doc.
43), the granting in part and denying in part of Defendants K. Butler and Gail Wall’s Motion for
Summary for the Failure to Exhaust Administrative Remedies (Doc. 46), and the dismissal of
Defendant Nwaobasi pursuant to Federal Rule of Civil Procedure 25(a)(1) (Doc. 40). No
objections have been filed to the Report. For the following reasons, Judge Daly’s Report is
ADOPTED.
When neither timely nor specific objections to a Report and Recommendation are made,
the Court need not conduct a de novo review of the Report. See Thomas v. Arn, 474 U.S. 140
(1985). Instead, the Court reviews the Report for clear error. Johnson v. Zema Systems Corp., 170
F.3d 734, 739 (7th Cir. 1999). The Court may “accept, reject, or modify, in whole or in part, the

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findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1).
Judge Daly thoroughly discussed and supported her conclusions that Defendant Nwaobasi
should be dismissed pursuant to Rule 25(a)(1) and that Plaintiff exhausted his administrative
remedies as to Defendants Trost, Moldenhauer, Wexford and Butler but not as to Defendant Walls.
The Court finds no clear error in Judge Daly’s findings, analysis and conclusions, and adopts her
Report and Recommendation in its entirety.
Accordingly, Defendants Wexford Health Sources, Inc., M. Moldenhauer, Dr. J. Trost and
B. Nwaobasi’s Motion for Summary Judgment for Failure to Exhaust Administrative Remedies
(Doc. 43) is DENIED in part and MOOTED in part (Doc. 43), Defendants K. Butler and Gail
Wall’s Motion for Summary for the Failure to Exhaust Administrative Remedies is GRANTED
in part and DENIED in part (Doc. 46), Defendant Walls is DISMISSED without prejudice,
and Defendant Nwaobasi is DISMISSED pursuant to Federal Rule of Civil Procedure 25(a)(1).
Plaintiff shall proceed on the following claims:
Count 1: Ritz, Garcia, Butler, Trost, and Moldenhauer were deliberately indifferent
to the lump on Plaintiff’s back in violation of the Eighth Amendment.
Count 2: Wexford had policies and/or practices in place to deny Plaintiff needed
healthcare for his lump in violation of the Eight Amendment.

IT IS SO ORDERED.
DATED: December 2, 2019

STACI M. YANDLE
United States District Judge

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