IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

Shawn Tompkins, ) ) Plaintiff; ) ) Vv. ) Case No: 15 C 50206 ) Whiteside County Jail, et al. ) ) Defendants. ) Judge Frederick J. Kapala

ORDER Before the court is a report and recommendation (“R&R”) [70] by the magistrate judge that defendants’ affirmative defense of failure to exhaust administrative remedies be rejected and this action proceed to the merits of plaintiffs claims. After being afforded a sufficient opportunity, neither party has offered any objection to the R&R. Accordingly, there being no written objection to the R&R of the magistrate judge, see

(b)(1); Fed. R. Civ. P. 72(b); Thomas v. Arn,

(1985), and the court having reviewed the R&R, the court accepts the R&R and rejects defendants’ affirmative defense of failure to exhaust administrative remedies and this action shall proceed to the merits of plaintiff's claims.

Date: 2/26/2018 ENTER:

FREDERICK J. a District Judge