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Marcus Clay v. Unknown Parties

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


May 14, 2012

MARCUS CLAY, PLAINTIFF,
v.
UNKNOWN PARTIES, PHILLIP L. BAILEY, AND GILBERT HUGHES, 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. 24) of Magistrate Judge Philip M. Frazier recommending that the Court dismiss plaintiff Marcus Clay's claims against the unknown defendants without prejudice pursuant to Federal Rule of Civil Procedure 4(m) for lack of service of process.

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 finds that the Report is not clearly erroneous. Accordingly, the Court hereby ADOPTS the Report in its entirety (Doc. 24), DISMISSES the claims against the unknown defendants without prejudice pursuant to Rule 4(m) for lack of service of process and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case. The only claims remaining in this case are Counts 1 and 3 against defendants Bailey and Hughes. IT IS SO ORDERED.

J. Phil Gilbert

20120514

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