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Moon v. Pate

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


May 9, 2006

KYLE MOON, PLAINTIFF,
v.
LEANNE PATE, DEFENDANT.

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

MEMORANDUM and ORDER

Plaintiff Moon filed this suit in 2004, pursuant to 42 U.S.C. § 1983, alleging violation of his constitutional rights (specifically, the right of court access) while he was confined at Shawnee Correctional Center, within this Judicial District. In June 2005, the undersigned District Judge referred the case to United States Magistrate Judge Clifford J. Proud for disposition of pretrial motions. In October 2005, Defendant Pate moved to dismiss Moon's claims. Pate argued, inter alia, that Moon had not exhausted all administrative remedies before commencing this litigation.

Judge Proud granted Moon until mid-December 2005 to respond to the motion and later extended that deadline to April 7, 2006. After Moon responded, Judge Proud submitted a Report recommending that the undersigned District Judge grant Pate's dismissal motion on the ground that Pate failed to exhaust administrative remedies before filing this suit.

The Report was sent to the parties along with a notice informing them of their right to appeal by way of filing objections by May 4, 2006. As of May 9, 2006, no objections had been filed by the parties, and the period in which such objections could be filed had 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); Video Views Inc., v. Studio 21, Ltd., 797 F.2d 538 (7th Cir. 1986).

Accordingly, the Court ADOPTS Magistrate Judge Proud's report (Doc. 26), GRANTS Defendant Pate's motion to dismiss (Doc. 15), and DISMISSES this action under 42 U.S.C. § 1997e(a). Dismissal shall be without prejudice. See Burrell v. Powers, 431 F.3d 282, 285 (7th Cir. 2005).

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge

20060509

© 1992-2006 VersusLaw Inc.



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