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William O. Spivey v. Lt. Chapman

October 17, 2012

WILLIAM O. SPIVEY, PLAINTIFF,
v.
LT. CHAPMAN, WARDEN FLAG, AND SAGER, 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 ("R & R") (Doc. 87) of Magistrate Judge Philip M. Frazier recommending that the Court deny defendants' motion for summary judgment (Doc. 41) and plaintiff's motions for summary judgment (Docs. 52 & 76).

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. The Court has discretion to conduct a new hearing and may consider the record before the magistrate judge anew or receive any further evidence deemed necessary. 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 R & R. The Court has reviewed the entire file and finds that the R & R is not clearly erroneous. As such, the Court hereby ADOPTS the R & R (Doc. 87), which DENIES defendants' motion for summary judgment (Doc. 41) and plaintiff's motions for summary judgment (Docs. 52 & 76).

IT IS SO ORDERED.

J. Phil Gilbert

20121017

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