United States District Court, S.D. Illinois
August 8, 2005.
DALE GILLS, Plaintiff,
S. RILEY, C/O HOERNER, ERICK PLOTT, C/O HAMBY, C/O PEARSON, LORRAINE WOODS, and C/O ROLFE Defendants.
The opinion of the court was delivered by: DAVID HERNDON, District Judge
On December 17, 2002. Dale Gills, an inmate at Tamms
Correctional Center, filed suit against Defendants for
deprivations of his constructional rights pursuant to
42 U.S.C. § 1983 (Doc. 1). Gills claims that Defendants violated his
Eighth Amendment rights by using excessive force on him (Count 1) and
denying him medical treatment (Count 2). He also brings a Illinois common
law claim of assault and battery against Defendants (Count 3).
Pursuant to 28 U.S.C. § 636(b)(1)(B), Magistrate Judge
Clifford J. Proud submitted a Report and Recommendation ("the
Report") on July 14, 2005 (Doc. 72). The Report recommends that
the Court grant Defendant Lorraine Wood's motion for summary
judgment (Doc. 61). The Report was sent to the parties with a notice informing them
of their right to appeal by way of filing "objections" within ten
days of service of the Report. To date, none of the parties has
filed objections. The period in which to file objections has
expired. Therefore, pursuant to 28 U.S.C. § 636(b), this Court
need not conduct de novo review. Thomas v. Arn,
474 U.S. 140, 149-52 (1985).
Accordingly, the Court ADOPTS the Report (72). The Court
GRANTS Defendant Woods' motion for summary judgment on Count
2(Doc. 61).*fn1 At the close of the case, the Clerk of the
Court shall enter judgment in favor of Lorraine Woods and against
Dale Gills on Count 2 of the Amended Complaint. Further, the
record reflects that despite the fact that the Court dismissed
with prejudice Defendant Cox on preliminary review, Gills named
him in the caption of the Amended Complaint. As was the case in
the original complaint, the body of the Amended Complaint does
not contain any allegations against Cox. Thus, the Court DISMISSES with
prejudice Defendant Cox. Counts 1 and 3 remain pending.
IT IS SO ORDERED.