United States District Court, S.D. Illinois
April 14, 2014
XAVIER CASTRO, Plaintiff,
OFFICER SNELL, OFFICER WEBB, OFFICER CASH, C/O STRONG, ERIC QUANDT and SHANE QUANDT, Defendants.
MEMORANDUM AND ORDER
J. PHIL GILBERT, District Judge.
This matter comes before the Court on the Report and Recommendation ("R & R") (Doc. 44) of Magistrate Judge Philip M. Frazier recommending this Court dismiss defendant Cash pursuant to Federal Rule of Civil Procedure 4(m).
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. 44) and DISMISSES defendant Cash.
IT IS SO ORDERED.