United States District Court, S.D. Illinois
July 29, 2015
MARIO MARTINEZ SHAW, Plaintiff,
DR. BAHRAT SHAH, 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. 36) of Magistrate Judge Philip M. Frazier with regard to Defendants' Motion to Dismiss for Failure to Exhaust Administrative Remedies (Doc. 34). 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 Recommendation. The Court has reviewed the entire file and finds that the R & R is not clearly erroneous. Accordingly, the Court hereby ADOPTS the Report in its entirety (Doc. 36) and GRANTS Defendants' Motion to Dismiss for Failure to Exhaust Administrative Remedies (Doc. 34). This matter is DISMISSED without prejudice. The Clerk of Court is directed to enter judgment accordingly.
IT IS SO ORDERED.