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Derek W. Miller v. Vipin Shah

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


June 30, 2011

DEREK W. MILLER, PLAINTIFF,
v.
VIPIN SHAH, M.D., AND ST. CLAIR COUNTY JAIL, DEFENDANTS.

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

MEMORANDUM AND ORDER

This matter is before the Court on the Report and Recommendation of United States Magistrate Judge Donald G. Wilkerson (Doc. 61), recommending that the motions to dismiss for failure to exhaust administrative remedies filed by Defendants Shah (Doc. 14) and St. Clair County Jail (Doc. 33) be denied. In accordance with the dictates of Pavey v. Conley, 544 F.3d 739 (7th Cir. 2008), Magistrate Judge Wilkerson held a hearing on April 14, 2011, to determine whether Plaintiff exhausted available administrative remedies (see Doc. 43). Magistrate Judge Wilkerson issued his Report and Recommendation on June 8, 2011; no timely objections have been filed.

Where timely objections are filed, this Court must undertake a de novo review of the Report and Recommendation. 28 U.S.C. § 636(b)(1)(B), (C); FED. R. CIV. P. 72(b); SDIL-LR 73.1(b); Harper v. City of Chicago Heights, 824 F. Supp. 786, 788 (N.D. Ill. 1993); see also Govas v. Chalmers, 965 F.2d 298, 301 (7th Cir. 1992). The Court "may accept, reject or modify the magistrate judge's recommended decision." Harper, 824 F. Supp. at 788. In making this determination, the Court must look at all of the evidence contained in the record and "give 'fresh consideration to those issues to which specific objections have been made.'" Id., quoting 12 Charles Alan Wright et al., Federal Practice and Procedure § 3076.8, at p. 55 (1st ed. 1973) (1992 Pocket Part).

However, where neither timely nor specific objections to the Report and Recommendation are made, pursuant to 28 U.S.C. § 636(b), this Court need not conduct a de novo review of the Report and Recommendation. See Thomas v. Arn, 474 U.S. 140 (1985). Accordingly, the Court ADOPTS Magistrate Judge Wilkerson's Report and Recommendation (Doc. 61)*fn1 and DENIES Defendants' motions to dismiss for failure to exhaust administrative remedies (Docs. 14, 33).

IT IS SO ORDERED.

G. PATRICK MURPHY United States District Judge


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