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Corky Terry v. Nathan Maue

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


March 27, 2012

CORKY TERRY, PLAINTIFF,
v.
NATHAN MAUE, 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. 53) of Magistrate Judge Philip M. Frazier recommending that the Court deny plaintiff Corky Terry's motion for a temporary restraining order or preliminary injunction (Doc. 51).

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 Sys. 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 notes that, although Terry is no longer confined at Stateville Correctional Center, as stated in the Report, he has not been transferred back to Menard Correctional Center and has instead been transferred to Pontiac Correctional Center (see Doc. 56). Aside from this change of circumstances, the Court finds that the Report is not clearly erroneous. Accordingly, the Court hereby ADOPTS the Report in its entirety (Doc. 53) and DENIES Terry's motion for a temporary restraining order or preliminary injunction (Doc. 51).

IT IS SO ORDERED.

J. Phil Gilbert

20120327

© 1992-2012 VersusLaw Inc.



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