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Randle v. Davidson

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


May 10, 2010

ANWAR RANDLE, ET AL., PLAINTIFFS,
v.
JAMES DAVIDSON, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Herndon, Chief Judge

ORDER

This comes before the Court as a matter of case management to correct an oversight made in the Court's February 22, 2010 Report and Recommendations ("R&R") (Doc. 58). This matter is before the Court on the Report and Recommendations ("R&R") issued pursuant to 28 U.S.C. § 636(b)(1)(B) by United States Magistrate Judge Frazier (Doc. 58).*fn1 The R&R's conclusion, based on the Magistrate Judge's review of the record and the applicable law, is that plaintiff Anwar Randle has failed to exhaust his administrative remedies as to his claims against defendants Ron Vitale and that their Motion for Summary Judgment (Doc. 43) should be granted as to plaintiff Randle, thereby dismissing his claims against defendants Vitale and Parker with prejudice. The R&R further held that plaintiff Crum's claims against all remaining Defendants should be dismissed with prejudice for lack of prosecution.

The R&R 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. The time period in which to file an objection has lapsed. Neither party has filed any objection. Therefore, pursuant to 28 U.S.C. § 636(b) this Court need not conduct a de novo review. Thomas v. Arn, 474 U.S. 140, 149-52 (1985). Accordingly, the Court ADOPTS the R&R as its ruling pertains to plaintiffs Randle and Crum and GRANTS IN PART defendants Vitale and Parker's Motion for Summary Judgment (Doc. 43).*fn2 Accordingly, the Court holds that summary judgment should be entered in favor of defendants Vitale and Parker and against plaintiff Randle. Plaintiff Randle's claims against defendant Vitale and Parker are thus DISMISSED WITH PREJUDICE. The Court also holds that plaintiff Cory Crum's claims against all remaining Defendants should be DISMISSED WITH PREJUDICE for his failure to prosecute.

IT IS SO ORDERED.

David R Herndon Chief Judge United States District Court


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