Elawyers Elawyers
Washington| Change

OWENS v. SHAH, 15-cv-01140-SMY-PMF. (2016)

Court: District Court, S.D. Illinois Number: infdco20160816856 Visitors: 10
Filed: Aug. 15, 2016
Latest Update: Aug. 15, 2016
Summary: MEMORANDUM AND ORDER STACI M. YANDLE , District Judge . This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 63) of Magistrate Judge Philip M. Frazier recommending this Court deny Plaintiff Tyrone Owens' Motion for a Preliminary Injunction (Doc. 17) wherein Plaintiff requests a diet free of soy during his incarceration. The Court may accept, reject or modify, in whole or in part, the findings or recommendations of the magistrate judge in a report and recomme
More

MEMORANDUM AND ORDER

This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 63) of Magistrate Judge Philip M. Frazier recommending this Court deny Plaintiff Tyrone Owens' Motion for a Preliminary Injunction (Doc. 17) wherein Plaintiff requests a diet free of soy during his incarceration.

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. 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).

The Court, having received no objection to the Report and having reviewed Plaintiff's motions and case history, finds that the Report is not clearly erroneous. Accordingly, the Report of Magistrate Judge Frazier (Doc. 63) is ADOPTED and Plaintiff's request for a Preliminary Injunction (Doc. 17) is DENIED.

IT IS SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer