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Davis v. Watson

United States District Court, S.D. Illinois

June 24, 2014

SYDNEY DAVIS, Plaintiff,
v.
SHERIFF RICK WATSON, PHILLIP MCLAURIN, WEXFORD HEALTH SOURCES, INC., DR. SHAH, JOHN DOE, RICHARD ROE, JANE DOE and ST. CLAIR COUNTY, Defendants.

MEMORANDUM AND ORDER

J. PHIL GILBERT, District Judge.

This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 33) of Magistrate Judge Philip M. Frazier recommending that the Court deny the motion to dismiss filed by defendant St. Clair County, Sheriff Rick Watson and Philip McLaurin (Doc. 8) and grant the motion to dismiss filed by defendants Wexford Health Sources, Inc. and Vipin Shah (Doc. 26) with leave to amend.

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. 33);
• DENIES the motion to dismiss filed by defendant St. Clair County, Sheriff Rick Watson and Philip McLaurin (Doc. 8);
• GRANTS the motion to dismiss filed by defendants Wexford Health Sources, Inc. and Vipin Shah (Doc. 26);
• DISMISSES Counts 6 and 8 of the Amended Complaint without prejudice and with leave to replead; and
• ORDERS that plaintiff Sydney Davis shall have up to and including July 18, 2014, to file an amended pleading with the required affidavit.

IT IS SO ORDERED.


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