United States District Court, S.D. Illinois
October 17, 2005.
ANDRE J. TWITTY, Plaintiff,
E.A. STEPP, TERRY S. BAKKE, DR. LEE, PHYSICIAN ASST. CAIRDS, G.L. HERSCHBERGER, N.L. CONNER, ASSOCIATE WARDEN NITCHOLS, JUDITH THARP, HEATH SERVICE ADMINISTRATOR OXFORD, ASSOCIATE WARDEN BEZY, PHYSICAN ASSISTANT MILLER, Defendants.
The opinion of the court was delivered by: DAVID HERNDON, District Judge
On August 29, 2005, this Court adopted a Report and
Recommendation (the "Report") in the above-captioned matter filed
by U.S. Magistrate Judge Philip M. Frazier pursuant to
28 U.S.C. § 636(b)(1)(B). (Doc. 56.) The Court did not take a de novo
review because it believed the Plaintiff had failed to object to
Magistrate Judge Frazier's Report within the time prescribed by
Local Rule of the Southern District of Illinois 73.1, under
which parties have ten days to serve and file written objections
to Reports. (Doc. 56.) Plaintifff appealed. (Doc. 57.)
As it turns out, Plaintiff did file a timely objection to
Magistrate Judge Frazier's Report. Due to a docketing error,
however, the Court did not become aware of this document's existence until this week.*fn1 At
this point, because Plaintiff has filed an appeal, the Court has
no jurisdiction over this matter. The Court indicates, however,
that if the Seventh Circuit will dismiss Plaintiff's appeal and
remand the case to this Court, this Court will review and
consider Plaintiff's objections.
IT IS SO ORDERED.
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