Morrow v. Baldwin et al

Filing 63

ORDER ADOPTING REPORT AND RECOMMENDATIONS (Doc. 54 ) and DENYING Motion to Certify Class (Doc. 29 ). Signed by Judge Staci M. Yandle on 7/12/2019. (sgp)

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

MITCHELL MORROW,
Plaintiff,
vs.
JOHN BALDWIN, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

Case No. 18-CV-908-SMY-MAB

MEMORANDUM AND ORDER
YANDLE, District Judge:
This matter is before the Court on the Report and Recommendation (“Report”) of United
States Magistrate Judge Mark A. Beatty (Doc. 54) recommending that Plaintiff Mitchell Morrow’s
Motion to Certify Class (Doc. 29) be denied. No objections to the Report have been filed. For the
following reasons, Judge Beatty’s Report and Recommendation is ADOPTED.
When neither timely nor specific objections to a Report and Recommendation are made,
the Court need not conduct a de novo. 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 findings or

recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1).
Here, Judge Beatty thoroughly discussed and supported his conclusion that class
certification should be denied. The Court finds no clear error in Judge Beatty’s findings, analysis,
or conclusions, and adopts his Report and Recommendation in its entirety. Accordingly, Plaintiff
Morrow’s Motion to Certify Class (Doc. 29) is DENIED.

Page 1 of 2

IT IS SO ORDERED.
DATED: July 12, 2019

STACI M. YANDLE
United States District Judge

Page 2 of 2