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Holmes v. Overall

United States District Court, S.D. Illinois

October 16, 2014

CURTIS HOLMES, Plaintiff,
v.
DR. L. OVERALL, DR. GARDNER, REDNOUR, UNKNOWN PARTY and WEXFOR HEALTH SOURCES, INC., Defendant.

MEMORANDUM AND ORDER

J. PHIL GILBERT, District Judge.

This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 53) of Magistrate Judge Philip M. Frazier recommending that the Court grant the plaintiff's motion (Doc. 44) and deny the defendants' motion (Doc. 45) for summary judgment on the issue 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. 53);
• GRANTS the plaintiff's motion for summary judgment (Doc. 44) on the affirmative defense of exhaustion of administrative remedies; and
• DENIES the defendants' motion for summary judgment (Doc. 45) on the affirmative defense of exhaustion of administrative remedies.

IT IS SO ORDERED.


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