United States District Court, S.D. Illinois
November 25, 2014
MAURICE JACKSON, R31861, Plaintiff,
DOWDY, et al., Defendants.
MEMORANDUM AND ORDER
J. PHIL GILBERT, District Judge.
This matter comes before the court on the Report and Recommendation ("R & R") (Doc. 28) of Magistrate Judge Philip M. Frazier with regard to Plaintiff's Motion (Doc. 22) for Leave to File an Amended Complaint. The Plaintiff did not file any objections to the R & R.
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 Report and has reviewed the entire file. The Court finds that the R & R is not clearly erroneous. Accordingly, the Court hereby ADOPTS the Report in its entirety (Doc. 28) and GRANTS Plaintiff's Motion (Doc. 22) for Leave to File an Amended Complaint and DENIES reinstatement of Count I.
Counts 2 and 3 will proceed as indicated in the R & R and Kitchen Supervisors Mueller and Parks are added as defendants. The Clerk of Court is DIRECTED to file Plaintiff's Amended Complaint with service in accordance with this Court's Order of July 1, 2014 (Doc. 10).
IT IS SO ORDERED.