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Malik v. Caldwell

United States District Court, S.D. Illinois

July 21, 2015

ROBERT MALIK, Plaintiff,
v.
REYNAL CALDWELL, WARDEN LUTH and WARDEN MOSS, Defendants.

MEMORANDUM AND ORDER

J. PHIL GILBERT DISTRICT JUDGE

This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 35) of Magistrate Judge Donald G. Wilkerson recommending that the Court grant the motion to dismiss filed by defendant Warden Luth (Doc. 31).

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 obj ections 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. 35);

• GRANTS defendant Warden Luth's motion to dismiss (Doc. 31);

• DISMISSES all claims against Warden Luth without prejudice; and

• DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case.

IT IS SO ORDERED.


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