United States District Court, S.D. Illinois
March 6, 2014
KEVIN ICKES, Plaintiff,
MARLA PATTERSON, ROBIN BRYSON, ESTUS HOOD, UNKNOWN PARTY and LT. B. TOLSON, Defendants.
MEMORANDUM AND ORDER
J. PHIL GILBERT, District Judge.
This matter comes before the Court on the Report and Recommendation ("R & R") (Doc. 56) of Magistrate Judge Donald G. Wilkerson recommending this Court deny in part and grant in part defendants' motions to dismiss for failure to state a claim (Docs. 36, 41 & 51).
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. Accordingly, the Court ADOPTS the R & R (Doc. 56), GRANTS in part and DENIES in part defendants' motions to dismiss (Docs. 36, 41 & 51), and DISMISSES Count Three of plaintiff Kevin Ickes' complaint.
IT IS SO ORDERED.