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Tyson v. Bradford

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


February 20, 2009

LAWRENCE TYSON, PLAINTIFF,
v.
ROY BRADFORD, WARDEN, OFFICER PAUL YATES AND LT. HAROLD SCHULER, DEFENDANTS.

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

MEMORANDUM AND ORDER

In March 2006, Lawrence Tyson filed suit in the Northern District of Illinois, alleging deprivations of his constitutional rights by personnel at Big Muddy Correctional Center in Ina, Illinois (located within the Southern District of Illinois). The case was transferred to this Court on venue grounds, after which Tyson amended his complaint twice and sought leave to proceed in forma pauperis.

On threshold review in June 2007, the undersigned Judge granted Tyson pauper status, dismissed several Defendants, and referred what remained of the case (Tyson's claims against the warden and two correctional officials of Big Muddy) to the Honorable Donald G. Wilkerson, United States Magistrate Judge.

In September 2008, the three Defendants timely moved for summary judgment via 43-page combined motion and supporting memorandum (Doc. 34). In January 2009, Magistrate Judge Wilkerson submitted a detailed Report (Doc. 39) recommending that the undersigned Judge grant Defendants' motion and dismiss this case with prejudice.

Both the Report (Doc. 39-1, p. 9) and a separate Notice attached thereto (Doc. 39-2) advised the parties of their right to challenge Judge Wilkerson's findings and conclusions by filing "objections" within ten days. To date, no objections have been filed by the parties, no extension of the deadline was sought,*fn1 and the period in which such objections may be filed 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); Video Views Inc., v. Studio 21, Ltd., 797 F.2d 538 (7th Cir. 1986).

Accordingly, the undersigned District Judge ADOPTS in its entirety Judge Wilkerson's Report and Recommendation (Doc. 39), GRANTS Defendants' motion for summary judgment (Doc. 34), and DIRECTS the Clerk of Court to enter judgment in favor of the remaining Defendants (Bradford, Schuler and Yates) and against Plaintiff Tyson herein.

IT IS SO ORDERED.

Michael J. Reagan United States District Judge Southern District of Illinois


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