UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
May 10, 2013
WILLIE J. GRIFFIN, JR., PLAINTIFF,
W. LEHMAN, 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. 72) of Magistrate Judge Philip M. Frazier recommending that the Court grant the motion for summary judgment filed by defendant Mrs. Auterson (Doc. 57) on the grounds that plaintiff Willie J. Griffin, Jr. failed 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 Systems 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. 72);
* GRANTS defendant Mrs. Auterson's motion for summary judgment (Doc. 57);
* DISMISSES without prejudice Griffin's claims against Mrs. Auterson for failure to exhaust administrative remedies; and
* DIRECTS the Clerk of Court to enter judgment accordingly. IT IS SO ORDERED.
J. Phil Gilbert
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