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Salcedo-Vazquez v. S Nwaobasi

United States District Court, S.D. Illinois

June 9, 2014

TEODOLFO SALCEDO-VAZQUEZ, Plaintiff,
v.
S NWAOBASI, WEXFORD HEALTH SOURCES, INC., Defendants.

MEMORANDUM AND ORDER

NANCY J. ROSENSTENGEL, District Judge.

On June 24, 2013, Plaintiff Teodolfo Salcedo-Vazquez filed a civil rights complaint pursuant to 42 U.S.C. § 1983 alleging medical mistreatment by prison officials of tissue in his left shoulder. The case comes before the Court on a Report and Recommendation entered on April 17, 2014, by Magistrate Judge Donald G. Wilkerson (Doc. 58).

In the Report and Recommendation, Magistrate Judge Wilkerson recommends that the Court deny the Motion for Summary Judgment for Failure to Exhaust Administrative Remedies filed by Defendant Nwaobasi and Wexford Health Sources (Doc. 25). Magistrate Judge Wilkerson held an evidentiary hearing concerning the exhaustion issue on April 8, 2014 (Doc. 56) and concluded that administrative remedies were unavailable to Salcedo-Vazquez.

The parties were informed that their deadline for objecting to the Report and Recommendation was May 5, 2014-a date that has come and gone. Because no party has filed an objection, the undersigned need not undertake de novo review. 28 U.S.C. § 636(b)(1)(C) ("A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. ") (emphasis added). See also Thomas v. Arn, 474 U.S. 140 (1985); Johnson v. Zema Sys. Corp., 170 F.3d 734, 741 (7th Cir. 1999); Video Views, Inc. v. Studio 21, Ltd., 797 F.2d 538 (7th Cir. 1986).

The undersigned accordingly ADOPTS Magistrate Judge Wilkerson's Report & Recommendation (Doc. 58) in its entirety and DENIES the Motion for Summary Judgment (Doc. 25). Counts 1-3 shall proceed against Defendants S Nwaobasi and Wexford Health Sources, Inc., in accordance with the Court's Order entered on August 6, 2013 (Doc. 7).

IT IS SO ORDERED.


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