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Higgins v. Kessell

United States District Court, Seventh Circuit

May 10, 2013

REGIS HIGGINS, Plaintiff,
v.
C/O KESSELL, C/O GANGLOFF and MARC HODGE, Defendants.

MEMORANDUM AND ORDER

J. PHIL GILBERT, District Judge.

This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 31) of Magistrate Judge Philip M. Frazier recommending that the Court grant the motion to dismiss filed by defendants Andrew Gangloff, Marc Hodge and James Kessel (Doc. 20) on the grounds that plaintiff Regis Higgins failed to exhaust his administrative remedies before filing suit as required by 28 U.S.C. § 1997e(a).

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.[1] 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. 31);
§ GRANTS the defendants' motion to dismiss (Doc. 20);
§ DISMISSES this case in its entirety without prejudice because Higgins did not exhaust his administrative remedies before filing suit; and
§ DIRECTS the Clerk of Court to enter judgment accordingly.

IT IS SO ORDERED.


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