Filed: Dec. 11, 2015
Latest Update: Dec. 11, 2015
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 280) of Magistrate Judge Philip M. Frazier recommending the Court (1) deny the defendants' motion for summary judgment (Doc. 213) as to defendants Andrew Bennett, David Ealey, Sean Henry, William Johnson, James Lloyd, William Rees, Sean Starkweather, and Angela Walter, (2) find moot the defendants' motion for summary judgment (Doc. 213) as to defendan
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 280) of Magistrate Judge Philip M. Frazier recommending the Court (1) deny the defendants' motion for summary judgment (Doc. 213) as to defendants Andrew Bennett, David Ealey, Sean Henry, William Johnson, James Lloyd, William Rees, Sean Starkweather, and Angela Walter, (2) find moot the defendants' motion for summary judgment (Doc. 213) as to defendant..
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MEMORANDUM AND ORDER
J. PHIL GILBERT, District Judge.
This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 280) of Magistrate Judge Philip M. Frazier recommending the Court (1) deny the defendants' motion for summary judgment (Doc. 213) as to defendants Andrew Bennett, David Ealey, Sean Henry, William Johnson, James Lloyd, William Rees, Sean Starkweather, and Angela Walter, (2) find moot the defendants' motion for summary judgment (Doc. 213) as to defendants Ricky Daugherty, Douglas Mason, Shane Osman, Christopher Phemister, Derek Richardson, and Christopher Wehrenberg and (3) dismiss without prejudice defendants "Sort Team Drivers," "Tac Team," "Other Unknown Staff," and "Unknown Lieutenant." No party has objected to the Report.
The Court may accept, reject or modify, in whole or in part, the findings or recommendations of the magistrate judge in a report and recommendation. Fed. R. Civ. P. 72(b)(3). The Court must review de novo the portions of the report to which objections are made. Id. "If no objection or only partial objection is made, the district court judge reviews those unobjected portions for clear error." Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999).
The Court has received no objection to the Report. The Court has reviewed the entire file and finds that the Report is not clearly erroneous. Accordingly, the Court hereby:
• ADOPTS the Report in its entirety (Doc. 280);
• DENIES the motion for summary judgment (Doc. 213) as to defendants Andrew Bennett, David Ealey, Sean Henry, William Johnson, James Lloyd, William Rees, Sean Starkweather, and Angela Walter;
• FINDS MOOT the motion for summary judgment (Doc. 213) as to defendants Ricky Daugherty, Douglas Mason, Shane Osman, Christopher Phemister, Derek Richardson, and Christopher Wehrenberg;
• DISMISSES without prejudice unnamed defendants "Sort Team Drivers," "Tac Team," "Other Unknown Staff," and "Unknown Lieutenant"; and
• DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case.
IT IS SO ORDERED.
