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TWITTY v. STEPP

United States District Court, S.D. Illinois


October 17, 2005.

ANDRE J. TWITTY, Plaintiff,
v.
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

ORDER

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. ยง 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.

20051017

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