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Burt Wenzel v. Lee Ryker

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


July 27, 2012

BURT WENZEL, PLAINTIFF,
v.
LEE RYKER, DEFENDANT.

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. 67) of Magistrate Judge Philip M. Frazier recommending that the Court deny plaintiff Burt Wenzel's motion to waive the requirement that he exhaust his administrative remedies (Doc. 50) and grant defendant Lee Ryker's motion for summary judgment (Doc. 56).

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: C ADOPTS the Report in its entirety (Doc. 67);

C DENIES Wenzel's motion to waive the requirement that he exhaust his administrative remedies (Doc. 50)

C GRANTS defendant Lee Ryker's motion for summary judgment (Doc. 56);

C DISMISSES without prejudice Count A(i) against Ryker (a claim regarding placement in a double cell) and Count A(ii) (a claim against Ryker for interfering with his access to legal proceedings); and

C DIRECTS the Clerk of Court to enter judgment accordingly. IT IS SO ORDERED.

J. Phil Gilbert

20120727

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