Smith v. Walton, 14-cv-514-JPG-SCW. (2016)
Court: District Court, S.D. Illinois
Number: infdco20160218b24
Visitors: 2
Filed: Feb. 17, 2016
Latest Update: Feb. 17, 2016
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 152) of Magistrate Judge Stephen C. Williams recommending that the Court grant the motions for summary judgment filed by defendant Sproul (Doc. 142) and all other remaining defendants (Doc. 129) because plaintiff Thomas M. Smith failed to exhaust his administrative remedies and because some defendants are entitled to Public Health Service officer immu
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 152) of Magistrate Judge Stephen C. Williams recommending that the Court grant the motions for summary judgment filed by defendant Sproul (Doc. 142) and all other remaining defendants (Doc. 129) because plaintiff Thomas M. Smith failed to exhaust his administrative remedies and because some defendants are entitled to Public Health Service officer immun..
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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. 152) of Magistrate Judge Stephen C. Williams recommending that the Court grant the motions for summary judgment filed by defendant Sproul (Doc. 142) and all other remaining defendants (Doc. 129) because plaintiff Thomas M. Smith failed to exhaust his administrative remedies and because some defendants are entitled to Public Health Service officer immunity.
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. 152);
• GRANTS the motions for summary judgment filed by defendant Sproul (Doc. 142) and all other remaining defendants (Doc. 129);
• DISMISSES with prejudice Count 2 (deliberate indifference to medical needs) against defendants M. Bagwell and Paul Harvey. The Court notes that Smith's Federal Tort Claims Act claim based on the same conduct has already been dismissed with prejudice (Doc. 144);
• DISMISSES without prejudice the remaining claims in this case for failure to exhaust administrative remedies; and
• DIRECTS the Clerk of Court to enter judgment accordingly.
IT IS SO ORDERED.
Source: Leagle
