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Marcus Clay v. Unknown Parties

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


August 2, 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. 29) of Magistrate Judge Philip M. Frazier recommending that the Court grant the defendants' motion for the sanction of dismissal and dismiss the remaining claims in this case with prejudice (Doc. 26).

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. 29), GRANTS the defendants' motion to dismiss (Doc. 26), DISMISSES the remaining claims in this case with prejudice pursuant to Federal Rules of Civil Procedure 37(d) and 16(f)(1) of process and DIRECTS the Clerk of Court to enter judgment

accordingly.

IT IS SO ORDERED.

J. Phil Gilbert

20120802

© 1992-2012 VersusLaw Inc.



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