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Gilberto Rivera v. Dr Obadina

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


February 28, 2011

GILBERTO RIVERA, PLAINTIFF,
v.
DR OBADINA, ET AL., 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 ("Report") (Doc. 27) of Magistrate Judge Philip M. Frazier recommending that the Court grant in part and deny in part plaintiff Gilberto Rivera's motion for appointment of counsel or, in the alternative, for voluntary dismissal without prejudice (Doc. 24). Magistrate Judge Frazier recommends denying appointment of counsel and, instead, dismissing this case without prejudice.

The Court may accept, reject or modify, in whole or in part, the findings or recommendations of the magistrate judge in a report and recommendation. Fed. R. Civ. P. 72(b)(3). The Court must review de novo the portions of the report to which objections are made. Id. "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 received no objection to the Report. The Court has reviewed the entire file and finds that the Report is not clearly erroneous. Accordingly, the Court hereby ADOPTS the Report in its entirety (Doc. 27), DISMISSES this case without prejudice and DIRECTS the Clerk of Court to close this case.

IT IS SO ORDERED.

20110228

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