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Bogard v. Duncan

United States District Court, S.D. Illinois

June 24, 2015

ANTHONY BOGARD, Plaintiff,
v.
S.A. GODINEZ, MARC HODGE, CHRISTOPHER WALTZ, VICKIE WALKER, JEREMY KOHN, RICHARD DENSMORE, SMITH and STEPHEN DUNCAN, Defendants.

MEMORANDUM AND ORDER

J. PHIL GILBERT, District Judge.

This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 49) of Magistrate Judge Philip M. Frazier recommending that the Court grant the motion of defendants Richard Densmore and Jeremy Kohn for summary judgment seeking to dismiss plaintiff Anthony Bogard's claims against them for failure to exhaust administrative remedies (Doc. 36).

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. 49);
• GRANTS the motion for summary judgment seeking to dismiss filed by defendants Densmore and Kohn (Doc. 36);
• DISMISSES Count 1 as to defendants Densmore and Kohn without prejudice. Defendants Densmore and Kohn are terminated from this action; and
• DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case.

IT IS SO ORDERED.


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