Smith v. Hanes, 17-cv-404-JPG-SCW. (2018)
Court: District Court, S.D. Illinois
Number: infdco20180530c71
Visitors: 11
Filed: May 29, 2018
Latest Update: May 29, 2018
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 32) of Magistrate Judge Stephen C. William recommending that the Court grant defendant Lt. Vince Hanes's motion for summary judgment (Doc. 25) and dismiss plaintiff Dionte M. Smith's claims against Hanes without prejudice for failure to exhaust administrative remedies. The Court may accept, reject or modify, in whole or in part, the findings or recom
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 32) of Magistrate Judge Stephen C. William recommending that the Court grant defendant Lt. Vince Hanes's motion for summary judgment (Doc. 25) and dismiss plaintiff Dionte M. Smith's claims against Hanes without prejudice for failure to exhaust administrative remedies. The Court may accept, reject or modify, in whole or in part, the findings or recomm..
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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. 32) of Magistrate Judge Stephen C. William recommending that the Court grant defendant Lt. Vince Hanes's motion for summary judgment (Doc. 25) and dismiss plaintiff Dionte M. Smith's claims against Hanes without prejudice for failure to exhaust administrative remedies.
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. 32);
• GRANTS Hanes's motion for summary judgment (Doc. 25);
• DISMISSES Count 1 against defendant Hanes without prejudice for failure to exhaust administrative remedies as required by 42 U.S.C. § 1997e(a); and
• DIRECTS the Clerk of Court to enter judgment accordingly.
IT IS SO ORDERED.
Source: Leagle
