Martin v. Lashbrook et al

Filing 41

ORDER ADOPTING REPORT AND RECOMMENDATIONS (Doc. 40 ) and DENYING Motion for Summary Judgment (Doc. 23 ) and Motion for Summary Judgment (Doc. 25 ). Signed by Judge Staci M. Yandle on 3/27/2019. (sgp)

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

FRANK MARTIN,
Plaintiff,
vs.
REO STINSON and MELISSA PAPPAS,
Defendants.

)
)
)
)
)
)
)
)
)

Case No. 18-CV-1159-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. 40), recommending the denial of Defendants Stinson
and Pappas’ Motions for Summary Judgment for Failure to Exhaust Administrative Remedies
(Docs. 23 and 25). No objections to the Report have been filed. See 28 U.S.C. § 636(b)(1);
Fed.R.Civ.P. 72(b)(2); SDIL-LR 73.1(b). For the following reasons, Judge Daly’s Report is
ADOPTED.
When neither timely nor specific objections to a Report 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 findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1).
Here, Judge Daly thoroughly discussed and supported her conclusion that Plaintiff has
exhausted his available administrative remedies regarding his claim in this matter. The Court finds
no clear error with Judge Daly’s findings, analysis or conclusions, and accordingly adopts her
Page 1 of 2

Report in its entirety.
IT IS SO ORDERED.
DATED: March 27, 2019

STACI M. YANDLE
United States District Judge

Page 2 of 2