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Jeramie Dale Oakley v. Justin Adrian

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


June 28, 2011

JERAMIE DALE OAKLEY, PLAINTIFF,
v.
JUSTIN ADRIAN, 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. 46) of Magistrate Judge Philip M. Frazier recommending that the Court deny plaintiff Jeramie Dale Oakley's motion to strike the affirmative defense of collateral estoppel and for summary judgment against defendant Gregory Malnar (Doc. 39).

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 ADOPTS the Report in its entirety (Doc. 46), DENIES Oakley's motion to strike (Doc. 39) and DENIES without prejudice Oakley's motion for summary judgment (Doc. 39).

IT IS SO ORDERED.

20110628

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