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Jackson v. Walker

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


June 12, 2007

ADRIAN JACKSON, PLAINTIFF,
v.
ROGER WALKER, ET AL., DEFENDANTS.

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

MEMORANDUM and ORDER

On March 4, 2004, Plaintiff, Adrian Jackson, a former inmate in the Centralia Correctional Center, filed suit against Defendants for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983 (Doc. 1).*fn1 Pursuant to 28 U.S.C. § 636(b)(1)(B), Magistrate Judge Philip M. Frazier submitted a Report and Recommendation ("the Report") on May 21, 2007 (Doc. 65). The Report recommends that the Court sua sponte dismiss without prejudice the claims against Defendant Hughes and grant Defendants' motion for summary judgment for failure to exhaust administrative remedies (Doc. 62). The Report was sent to the parties with a notice informing them of their right to appeal by way of filing "objections" within ten days of service of the Report. To date, none of the parties has filed objections. 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. 56). The Court GRANTS Defendants' motion for summary judgment (Doc. 62. The Court DISMISSES without prejudice for failure to exhaust administrative remedies Plaintiff"s claims against Rausch, McDonal, Weh, Walker, Brassel, Mote, Riley, Rolfingmeier, Snyder, and Bowen. Further, the Court sua sponteDISMISSES without prejudice for lack of service of process Plaintiff's claims against Defendant Hughes. The Court will close the file.

IT IS SO ORDERED.

David R Herndon United States District Judge On


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