IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
February 12, 2008
WILLIE YATES, PLAINTIFF,
AARON DISRO, DEFENDANT.
The opinion of the court was delivered by: Herndon, Chief Judge
MEMORANDUM and ORDER
On February 14, 2005, Willie Yates, an inmate housed at the Pinckneyville Correctional Center, brings this action for deprivations of constitutional rights pursuant to 42 U.S.C. § 1983 (Doc. 1). Specifically, Yates claims that Disro placed him in a "choke-sleeper hold forcing plaintiff to lose consciousness for a short period of time by way of suffocation."
Pursuant to 28 U.S.C. § 636(b)(1)(B), Magistrate Clifford J. Proud submitted a Report and Recommendation ("the Report") on January 25, 2008 (Doc. 32). The Report recommends that the Court deny Defendant's motion to dismiss (Doc. 19).
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. 32). The Court DENIES Disro's motion to dismiss (Doc. 19).
IT IS SO ORDERED.
Signed this 12th day of February, 2008.
David R Her|do| Chief Judge United States District Court
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