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HALL v. LOVE, 10-cv-703-JPG-PMF. (2012)

Court: District Court, S.D. Illinois Number: infdco20120724870 Visitors: 11
Filed: Jul. 23, 2012
Latest Update: Jul. 23, 2012
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT, District Judge. This matter comes before the Court on the Report and Recommendation ("R & R") (Doc. 30) of Magistrate Judge Philip M. Frazier recommending that the Court deny the Motion for Summary Judgment (Doc. 26) of remaining Defendants Chaplain Timothy Love and Rex Fitch. The time for objections has passed, and no objections have been filed. After reviewing a report and recommendation, the Court may accept, reject or modify, in whole or in part, the
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MEMORANDUM AND ORDER

J. PHIL GILBERT, District Judge.

This matter comes before the Court on the Report and Recommendation ("R & R") (Doc. 30) of Magistrate Judge Philip M. Frazier recommending that the Court deny the Motion for Summary Judgment (Doc. 26) of remaining Defendants Chaplain Timothy Love and Rex Fitch. The time for objections has passed, and no objections have been filed.

After reviewing a report and recommendation, the Court may accept, reject or modify, in whole or in part, the findings or recommendations of the magistrate judge in the report. Fed. R. Civ. P. 72(b). The Court must review de novo the portions of the report to which objections are made. The Court has discretion to conduct a new hearing and may consider the record before the magistrate judge anew or receive any further evidence deemed necessary. 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). Since no objections were filed, the Court has reviewed Magistrate Judge Frazier's R & R for clear error.

The Court has reviewed the entire file and finds that the R & R is not clearly erroneous. As such, the Court hereby ADOPTS the R & R (Doc. 30), which DENIES the Motion for Summary Judgment (Doc. 26) of Defendants Chaplain Timothy Love and Rex Fitch.

IT IS SO ORDERED.

Source:  Leagle

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