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Merritt v. Miner, 16-CV-536-NJR-DGW. (2018)

Court: District Court, S.D. Illinois Number: infdco20180615c12 Visitors: 8
Filed: Jun. 14, 2018
Latest Update: Jun. 14, 2018
Summary: MEMORANDUM AND ORDER NANCY J. ROSENSTENGEL , District Judge . Plaintiff Kelvin Merritt, an inmate of the Illinois Department of Corrections ("IDOC") currently incarcerated at Menard Correctional Center, filed a pro se lawsuit pursuant to 42 U.S.C. 1983 against various prison officials for deprivations of his constitutional rights (Doc. 1; Doc. 6). Plaintiff is currently proceeding on a First Amendment retaliation claim against Defendants Brian Miner and William Qualls and an Eighth Ame
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MEMORANDUM AND ORDER

Plaintiff Kelvin Merritt, an inmate of the Illinois Department of Corrections ("IDOC") currently incarcerated at Menard Correctional Center, filed a pro se lawsuit pursuant to 42 U.S.C. § 1983 against various prison officials for deprivations of his constitutional rights (Doc. 1; Doc. 6). Plaintiff is currently proceeding on a First Amendment retaliation claim against Defendants Brian Miner and William Qualls and an Eighth Amendment excessive force claim against Defendants Miner and Tony Payne (Doc. 6).

The case is currently before the Court on a Report and Recommendation entered on May 17, 2018, in which Magistrate Judge Donald G. Wilkerson recommends denying the "Motion for Injunctive Relieve/Restraining Order/Motion for Appointment of Counsel/Motion for Extension of Time" filed by Plaintiff on February 8, 2018, (Doc. 67) and denying the "Motion Continuance T.R.O." filed by Plaintiff on April 2, 2018 (Doc. 77). The parties were informed that their deadline for objecting to the Report and Recommendation was June 4, 2018—a date that has come and gone. Because no party has filed an objection, the undersigned need not undertake de novo review. 28 U.S.C. § 636(b)(1)(C) ("A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.") (emphasis added). See also Thomas v. Arn, 474 U.S. 140 (1985); Johnson v. Zema Sys. Corp., 170 F.3d 734, 741 (7th Cir. 1999); Video Views, Inc. v. Studio 21, Ltd., 797 F.2d 538 (7th Cir. 1986).

The undersigned accordingly ADOPTS in its entirety Magistrate Judge Wilkerson's Report & Recommendation (Doc. 83) and DENIES Plaintiff's "Motion for Injunctive Relieve/Restraining Order/Motion for Appointment of Counsel/Motion for Extension of Time" (Doc. 67) and DENIES Plaintiff's "Motion Continuance T.R.O." (Doc. 77).

IT IS SO ORDERED.

Source:  Leagle

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