REEVES v. HARRINGTON, 13-cv-01171-JPG-PMF. (2015)
Court: District Court, S.D. Illinois
Number: infdco20150925i51
Visitors: 12
Filed: Sep. 24, 2015
Latest Update: Sep. 24, 2015
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the court on the Report and Recommendation ("R & R") (Doc. 156) of Magistrate Judge Philip M. Frazier with regard to Defendant Dr. Shearing's Motion (Doc. 139) Motion for Summary and Defendant Richard Harrington's Motion (Doc. 155) for Sanctions. Neither party has filed an objection to the R & R. The Court may accept, reject or modify, in whole or in part, the findings or recommendations of the magistrate jud
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the court on the Report and Recommendation ("R & R") (Doc. 156) of Magistrate Judge Philip M. Frazier with regard to Defendant Dr. Shearing's Motion (Doc. 139) Motion for Summary and Defendant Richard Harrington's Motion (Doc. 155) for Sanctions. Neither party has filed an objection to the R & R. The Court may accept, reject or modify, in whole or in part, the findings or recommendations of the magistrate judg..
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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. 156) of Magistrate Judge Philip M. Frazier with regard to Defendant Dr. Shearing's Motion (Doc. 139) Motion for Summary and Defendant Richard Harrington's Motion (Doc. 155) for Sanctions. Neither party has filed an objection to the R & R.
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 has not received an objection to the Report and Recommendation. Although dismissal is a serve sanction for discovery violations, the Court has considered whether other lesser sanctions would be appropriate and finds that under these circumstances, dismissal of Plaintiff's claims against Defendant Harrington is an appropriate sanction.
The Court has reviewed the entire file and finds that the R & R is not clearly erroneous. Accordingly, the Court hereby ADOPTS the Report in its entirety (Doc. 156) and GRANTS Defendant Dr. Shearing's Motion (Doc. 139) Motion for Summary and Defendant Richard Harrington's Motion (Doc. 155) for Sanctions. Defendants Dr. Shearing and Richard Harrington are DISMISSED without prejudice. As there are no remaining defendants, this matter this matter is DISMISSED without prejudice. The Clerk of Court is DIRECTED to enter judgment accordingly.
IT IS SO ORDERED.
Source: Leagle