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Smith v. Gaetz

United States District Court, S.D. Illinois

July 22, 2015

ROBIN SMITH, Plaintiff,
v.
DONALD GAETZ, LIEUTENANT HUBLER, PETER LISZEWSKI, PETER J JOHNSON, WILLIAM HARRIS, MATT FLOWERS, BOBBY JOHNSON, BILLY ROLLA, C/O LAWRENCE, JEFFREY BARKER, KIM DEEN, BRENDA PAULSMEYER, KARRI SANDERS and BRETT A. KLINDWORTH, Defendants.

MEMORANDUM AND ORDER

J. PHIL GILBERT, District Judge.

This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 82) of Magistrate Judge Philip M. Frazier recommending that the Court deny the motion to dismiss pursuant to Federal Rule of Civil Procedure 41(b) filed by defendants Billy Rolla, Bobby Johnson, Brenda Paulsmeyer, Karri Sanders, C/O Lawrence, Matt Flowers, William Harris and Lieutenant Hubler (Doc. 55). The Report also recommends dismissal of William Harris after the failure to substitute another defendant after the suggestion of Harris' death on the record (Doc. 57).

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 a "Motion of Response and Objections" from Smith (Doc. 86), but that document contains no objection to any facet of the Report.[1] Therefore, the Court finds no objection to the Report has been filed. 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. 82);
• DENIES the defendants' motion to dismiss (Doc. 55);
• DENIES as moot Smith's Motion of Objections to Notice (Doc. 87);
• DISMISSES all claims in this case against defendant William Harris with 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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