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West v. Bebout, 16-CV-414-SMY-RJD. (2018)

Court: District Court, S.D. Illinois Number: infdco20180918c61 Visitors: 11
Filed: Sep. 17, 2018
Latest Update: Sep. 17, 2018
Summary: MEMORANDUM AND ORDER STACI M. YANDLE , District Judge . This matter is before the Court on the Report and Recommendation ("R&R") of United States Magistrate Judge Reona J. Daly (Doc. 85), recommending that the Court grant Defendants' Partial Motion for Summary Judgment (Doc. 80). No objections to the R&R have been filed. See 28 U.S.C. 636(b)(1); Fed.R.Civ.P. 72(b)(2); SDIL-LR 73.1(b). For the following reasons, Judge Daly's Report and Recommendation is ADOPTED. When neither timely n
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MEMORANDUM AND ORDER

This matter is before the Court on the Report and Recommendation ("R&R") of United States Magistrate Judge Reona J. Daly (Doc. 85), recommending that the Court grant Defendants' Partial Motion for Summary Judgment (Doc. 80). No objections to the R&R have been filed. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b)(2); SDIL-LR 73.1(b). For the following reasons, Judge Daly's Report and Recommendation is ADOPTED.

When neither timely nor specific objections to a Report and Recommendation are made, the Court need not conduct a de novo review of the Report and Recommendation. See Thomas v. Arn, 474 U.S. 140 (1985). Instead, the Court reviews the Report and Recommendation for clear error. Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999). The Court may then "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1).

Here, Judge Daly thoroughly discussed and supported her conclusion that the Defendants are entitled to summary judgment as to all claims with the exception of Plaintiff's Eighth Amendment claim against Defendants Bebout and Mayer (Count 4). The Court finds no clear error in Judge Daly's findings, analysis or conclusions, and accordingly, adopts her Report and Recommendation in its entirety.

IT IS SO ORDERED.

Source:  Leagle

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