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Widmer v. Butler

United States District Court, S.D. Illinois

August 1, 2014

MICHAEL WIDMER, Plaintiff,
v.
KIMBERLY BUTLER, PHELPS, MICHAEL AHRENDS, SGT PELKER, SGT BLEDSOE, MAJOR WESTFALL, C. ROTH, REDNOUR, SUSAN HILL, CHANDLER, ALEX JONES, SGT EVOLDI, MEZO, ANTHONY, W SPILLER, A BENNETT, BROCK, M BAKER, M WARHAUSEN, GOETZ, LINDENBERG, PHILLIPS, JIMMY HOPPENSTATT, BRIAN LIVINGSTON, DANIEL DUNN, JERRY WITTHOF, MARK CASPER, RYAN DAVIS, KEVIN FEDDERKE, C/O DOUGLAS KRAUSE, KENNETH SMITH, SCOTT STEWART and TIMOTHY WEAVER Defendants.

MEMORANDUM AND ORDER

J. PHIL GILBERT, District Judge.

This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 57) of Magistrate Judge Philip M. Frazier recommending that the Court construe the Amended Complaint to contain six counts, dismiss some of those counts, and deny plaintiff Michael Widmer's motions for a preliminary injunction (Docs. 4, 19 & 43).

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. 57);
• CONSTRUES the Amended Complaint to contain the six causes of action described in the Report;
• DISMISSES Count 5 against defendants Butler, Jones and Westfall with prejudice;
• DISMISSES Count 6 without prejudice;
• DENIES Widmer's motions for a preliminary injunction (Docs. 4, 19 & 43); and
• DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case

IT IS SO ORDERED.


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