UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
July 13, 2007
DELMAR P. GRAY, PLAINTIFF,
CHARLES HINSLEY, ET AL., DEFENDANTS.
The opinion of the court was delivered by: J. Phil Gilbert District Judge
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 27) of Magistrate Judge Donald G. Wilkerson recommending that the Court grant the motion to dismiss filed by defendants Charles Hinsley and Terry Caliper (Doc. 16) and dismiss the claims in Count II against those defendants in their official capacities.
After reviewing a magistrate judge's report and recommendation, the Court may accept, reject or modify, in whole or in part, the findings or recommendations of the magistrate judge in the report. Fed. R. Civ. P. 72(b). The Court must review de novo the portions of the report to which objections are made. Id. "If no objection or only partial objection is made, the district court judge reviews those unobjected portions for clear error." Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999).
The Court has received no objection to the Report. The Court has reviewed the entire file and finds that the Report is not clearly erroneous. Accordingly, the Court hereby ADOPTS the Report in its entirety (Doc. 27), GRANTS the motion to dismiss (Doc. 16), DISMISSES with prejudice the official capacity claims in Count II against defendants Hinsley and Caliper and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case.
IT IS SO ORDERED.
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