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Sherrell C. Towns v. Rebecca Cowan

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


August 22, 2011

SHERRELL C. TOWNS, PLAINTIFF,
v.
REBECCA COWAN, 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. 102) of Magistrate Judge Philip M. Frazier recommending that the Court dismiss plaintiff Sherrell C. Towns' remaining claim against John Doe # 2 (the part of Count 2 containing a claim for meal deprivation) as time-barred and deny his motion for an extension of time as moot (Doc. 92).

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. 102), DISMISSES the remaining claim against John Doe # 2 (the part of Count 2 containing a claim for meal deprivation) with prejudice, DENIES Towns' motion for an extension of time (Doc. 92) as moot, and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case. John Doe # 2 is terminated from this action.

IT IS SO ORDERED.

J. Phil Gilbert

20110822

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