Gully, Jr. v. Hundley et al

Filing 70

ORDER ADOPTING 58 REPORT AND RECOMMENDATION, DENYING 27 Motion to Dismiss, DENYING as moot 33 Motion to Deny Defense's Petition as Motion that's Moot and DENYING 38 Motion for Sanctions. Signed by Chief Judge Nancy J. Rosenstengel on 9/9/2019. (bak)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RONNIE G. GULLY, JR.,
Plaintiff,
Case No. 18-cv-539-NJR-GCS

v.
DEREK HUNDLEY, TRENT RALSTON,
HALEY BASNETT, and
JEREMY GIVENS,
Defendants.

MEMORANDUM AND ORDER
ROSENSTENGEL, Chief Judge:
This matter is before the Court on the Report and Recommendation of United
States Magistrate Judge Gilbert C. Sison (Doc. 58) regarding the motion to dismiss filed
by Defendant Haley Basnett (Docs. 27), the motion to deny defense’s petition as motion
that’s moot filed by Plaintiff Ronnie Gully (Doc. 33), and the motion for sanctions filed
by Plaintiff Gully (Doc. 38). Judge Sison held a hearing on these motions on March 18,
2019. The Report and Recommendation was entered on July 26, 2019; it recommends
denying the motion to dismiss, denying as moot the motion to deny defense’s petition as
motion that’s moot, and denying the motion for sanctions. No objections were filed.
Where neither timely nor specific objections to the Report and Recommendation
are made, the Court should review the Report and Recommendation for clear error.
Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999). The Court may then
“accept, reject, or modify, in whole or in part, the findings or recommendations made by
the magistrate judge.” 28 U.S.C. § 636(b)(1).
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The undersigned has reviewed Magistrate Judge Sison’s Report and
Recommendation and finds there is no clear error in his findings of fact or conclusions of
law. Accordingly, the Report and Recommendation (Doc. 58) is ADOPTED in its entirety.
The Court DENIES the motion to dismiss filed by Defendant Basnett (Doc. 27), DENIES
as moot the motion to deny defense’s petition as motion that’s moot filed by Plaintiff
Gully (Doc. 33), and DENIES the motion for sanctions filed by Plaintiff Gully (Doc. 38).
IT IS SO ORDERED.
DATED: September 9, 2019
____________________________
NANCY J. ROSENSTENGEL
Chief U.S. District Judge

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