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John E. Taylor v. Lisa Gayle

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


May 18, 2012

JOHN E. TAYLOR, PLAINTIFF,
v.
LISA GAYLE, 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. 107) of Magistrate Judge Philip M. Frazier recommending that the Court deny the motion for summary judgment filed by Dr. Feinerman (Doc. 88) in which he seeks dismissal on the affirmative defense of failure to exhaust administrative remedies.

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. 107) and DENIES Dr. Feinerman's motion for summary judgment (Doc. 88).

IT IS SO ORDERED.

J. Phil Gilbert

20120518

© 1992-2012 VersusLaw Inc.



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