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Wofford v. Sutton

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


October 3, 2008

STANLEY WOFFORD PLAINTIFF,
v.
RICK SUTTON, MARK PIERSON, JOHN EVANS, AND TERRI BRYANT, IN THEIR INDIVIDUAL AND OFFICIAL CAPACITIES, 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 (R&R) (Doc. 103) of Magistrate Judge Donald G. Wilkerson recommending that the Court grant Defendants's Motion for Partial Summary Judgment (Doc. 99). Plaintiff Stanley Wofford has filed an objection to the R&R (Doc. 105) asking the Court to correct an erroneous filing date. In his R&R Judge Wilkerson variously refers the date on which Defendants filed their motion for partial summary judgment as October 15, 2007 and August 15, 2007. The Court agrees with Wofford that the correct date of the filing of Defendants's Motion is October 15, 2007. The parties have made no other objections to the R&R.

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. "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 reviewed the entire file and finds that, apart from the incorrect recitation of the date of filing of Defendants's Motion, the R&R is not clearly erroneous. Accordingly, the Court hereby ADOPTS the R&R (Doc. 21) as MODIFIED to reflect that Defendants filed their Partial Motion for Summary Judgment on October 15, 2007 not August 15, 2007. The Clerk of Court is DIRECTED to enter judgment accordingly at the close of this case.

IT IS SO ORDERED.

20081003

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