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Ford v. Godinez

United States District Court, S.D. Illinois

April 1, 2014

BOBBY FORD, Plaintiff,
v.
S.D. GODINEZ, DONALD GAETZ, REDNOUR, K. DEEN, COUNSELOR STAFFEY, BRETT A. KLINDWORTH, MARCUS A. MYERS, MARC HODGE, ASST. WARDEN STORM, LT. STAFFORD, C/O WALL, JACKIE MILLER, SHERRY BENTON, C/O MCCALLISTER and UNKNOWN PARTY CORRECTIONAL OFFICERS, Defendants.

MEMORANDUM AND ORDER

J. PHIL GILBERT, District Judge.

This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 52) of Magistrate Judge Philip M. Frazier recommending that the Court grant the motion for summary judgment filed by plaintiff Bobby Ford (Doc. 19) and deny motion for summary judgment filed by defendants Charles Wall and Ray McAllister (Doc. 33), both motions having to do with the affirmative defense of exhaustion of 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 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. 52);
• DENIES the motion for summary judgment on the issue of exhaustion of administrative remedies filed by defendants Wall and McAllister (Doc. 33);
• GRANTS the motion for summary judgment on the issue of exhaustion of administrative remedies filed by plaintiff Ford (Doc. 19); and
• REJECTS the defense of exhaustion of administrative remedies for plaintiff Ford's excessive force, retaliation and deliberate indifference to medical needs claims against defendants Wall and McAllister.

IT IS SO ORDERED.


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