Miles v. Ellison

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS CHARLES MILES, ) ) Plaintiff, ) ) vs. ) Case No. 19-CV-709-SMY ) HEATHER ELLISON, et al., ) ) Defendants. ) MEMORANDUM AND ORDER YANDLE, District Judge: This matter is before the Court on the Report and Recommendation ("Report") of United States Magistrate Judge Reona J. Daly (Doc. 57), recommending the denial of Defendants Heather Ellison and Dr. Shah’s Motion for Summary Judgement for Failure to Exhaust Administrative Remedies (Doc. 47). No objections have been filed to the Report. For the following reasons, Judge Daly’s Report is ADOPTED. When neither timely nor specific objections to a Report and Recommendation are made, the Court need not conduct a de novo review of the Report. See Thomas v. Arn, 474 U.S. 140 (1985). Instead, the Court reviews the Report for clear error. Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999). The Court may “accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Here, Judge Daly thoroughly discussed and supported her conclusion that Plaintiff exhausted his administrative remedies. The Court finds no clear error in Judge Daly’s findings, analysis and conclusions, and adopts her Report and Recommendation in its entirety. Accordingly, Defendants’ Motion for Summary Judgement for Failure to Exhaust Administrative Remedies (Doc. 47) is DENIED. IT IS SO ORDERED. Kd DATED: September 23, 2020 Nowe :

STACI M. YANDLE United States District Judge

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