United States District Court, S.D. Illinois
August 8, 2005.
CHRISTOPHER A. SMITH, Plaintiff,
DONALD N. SNYDER, JR., et al., Defendants.
The opinion of the court was delivered by: MICHAEL J. REAGAN, District Judge
MEMORANDUM and ORDER
In May 2002, Christopher Smith filed a § 1983 action for
declatory and monetary relief, alleging that prison employees had
denied him medical treatment for dental disease. The Court
granted Smith's motions to proceed pro se and in forma pauperis.
Defendants Snyder, Walls, Ford and Gross timely filed motions to
dismiss Smith's amended complaint (Docs. 18, 18, 27, 32). The
Court then referred the case to United State Magistrate Judge
Phillip M. Frazier.
On June 22, 2005, Magistrate Judge Frazier submitted a Report
recommending that the undersigned District Judge grant the four
pending motions. The Report (Doc. 37) was sent to all parties
with a Notice advising them that any objections must be filed by
July 13, 2005.
No objections were filed, and the deadline has expired.
Pursuant to 28 U.S.C. § 636(b), this Court need not conduct de
novo review. Thomas v. Arn, 474 U.S. 140, 159-62 (1985);
Video Views, Inc. v. Studio 21, Ltd., 797 F.2d 538 (7th Cir.
1986). Accordingly, the Court ADOPTS Magistrate Judge Frazier's June
22, 2005 Report and Recommendation (Doc. 37), GRANTS
Defendants' September 22, 2004, December 15, 2004, and December
27, 2004 motions to dismiss (Docs. 18, 27, 32), and DIRECTS the
Clerk of Court to dismiss with prejudice Defendants Snyder,
Walls, Ford and Gross.
Three Defendants remain in this case: John Does #1 and #2 (both
prison dentists) and W. Bries (a prison counselor). They are sued
in their official and individual capacities for deliberate
indifference to Smith's pain and suffering in violation of the
Eighth Amendment to the Constitution.
IT IS SO ORDERED.
© 1992-2005 VersusLaw Inc.