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Michael D. Mysliwiec v. Lee Ryker and Chaplain Love

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


June 14, 2011

MICHAEL D. MYSLIWIEC, PLAINTIFF,
v.
LEE RYKER AND CHAPLAIN LOVE, 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. 22) of Magistrate Judge Philip M. Frazier recommending that the Court grant defendant Love's motion for summary judgment (Doc. 19) based on plaintiff Michael D. Mysliwiec's failure to exhaust his administrative remedies on his claim that his religious freedoms protected by the First Amendment and the Religious Land Use and Institutionalized Persons Act ("RLUIPA") were violated.

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. 22);

* GRANTS defendant Love's motion for summary judgment (Doc. 19);

* DISMISSES without prejudice Mysliwiec's claim that his religious freedoms protected by the First Amendment and RLUIPA were violated; and

* DIRECTS the Clerk of Court to enter judgment accordingly. IT IS SO ORDERED.

J. Phil Gilbert

20110614

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