Teen v. Doe, 18-cv-992-JPG-MAB. (2019)
Court: District Court, S.D. Illinois
Number: infdco20190607f00
Visitors: 29
Filed: Jun. 06, 2019
Latest Update: Jun. 06, 2019
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 43) of Magistrate Judge Mark A. Beatty recommending that the Court deny the motion for summary judgment filed by defendant St. Clair County Sheriff, which seeks dismissal of this case for failure to exhaust administrative remedies (Doc. 18). The Court may accept, reject or modify, in whole or in part, the findings or recommendations of the magistrate
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 43) of Magistrate Judge Mark A. Beatty recommending that the Court deny the motion for summary judgment filed by defendant St. Clair County Sheriff, which seeks dismissal of this case for failure to exhaust administrative remedies (Doc. 18). The Court may accept, reject or modify, in whole or in part, the findings or recommendations of the magistrate ..
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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. 43) of Magistrate Judge Mark A. Beatty recommending that the Court deny the motion for summary judgment filed by defendant St. Clair County Sheriff, which seeks dismissal of this case for failure to exhaust administrative remedies (Doc. 18).
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. 43); and
• DENIES the St. Clair County Sheriff's motion for summary judgment on the issue of exhaustion (Doc. 18).
The Court has further reviewed the St. Clair County Sheriff's notice (Doc. 45) identifying John Doe # 2 as Lt. Karl Pannier. In light of this identification, the Court:
• DIRECTS the Clerk of Court to SUBSTITUTE Lt. Karl Pannier for Supervisor John Doe # 2. Supervisor John Doe # 2 is terminated from this case;
• DISMISSES the St. Clair County Sheriff from this case as he has identified the unknown defendant, the only purpose for which he was added as a defendant; and
• DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case.
Service of defendant Pannier will be ordered in a separate order.
IT IS SO ORDERED.
Source: Leagle
