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Carter v. Hecht

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


November 16, 2005

WILLIE L. CARTER, #B-06938, PLAINTIFF,
v.
DANIEL R. HECHT AND DAVID CHILDERS, DEFENDANTS.

The opinion of the court was delivered by: Herndon, District Judge

ORDER

On August 22, 2005, Plaintiff Willie Carter ("Plaintiff") filed a motion pursuant to Federal Rule of Civil Procedure 12(f) to strike denials in Defendants' answers. (Doc. 36). Specifically, Plaintiff argues that Defendants' denials should be striken because he has "nothing of record" to substantiate his allegations of deliberate indifference. (Id.) This matter comes before the Court on a Report and Recommendation ("the Report") filed by United States Magistrate Judge Philip M. Frazier on October 17, 2005. (Doc. 54.) Magistrate Judge Frazier's Report recommends that Defendant's motion be denied.

Under Rule 73.1 of the Local Rules of the Southern District of Illinois, the parties had ten days in which to serve and file written objections to the Report. As of this date, no objections have been filed. 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. (Doc. 54.) The Court DENIES Plaintiff's motion. (Doc. 36.)

IT IS SO ORDERED.

David R. Herndon United States District Judge

20051116

© 1992-2005 VersusLaw Inc.



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