IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
September 25, 2007
DARNELL LUCKETT, PLAINTIFF,
MARVIN F. POWERS, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Stiehl, District Judge
Before the Court is a Report and Recommendation of United States Magistrate Judge Philip M. Frazier that defendants' motion to dismiss be granted in part and denied in part. To date, no objections have been filed by the parties.
Upon review of the record, the Court ADOPTS the recommendation of the magistrate judge. Accordingly, defendants Marvin F. Powers and Wexford Health Services' motion to dismiss (Doc. 17) is GRANTED and Count II of plaintiff's complaint is DISMISSED without prejudice. The motion to dismiss is DENIED as moot with respect to defendants Laura Qualls and Marilyn Melton as Count II seeks no relief as to these defendants. Plaintiff is granted leave to file an amended complaint and certificate of merit within sixty (60) days.
IT IS SO ORDERED.
WILLIAM D. STIEHL DISTRICT JUDGE
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