Hayes v. Swiney
Hayes v. Swiney
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS EARNEST HAYES, ) ) Plaintiff, ) ) vs. ) Case No. 18-CV-1387-SMY-MAB ) RICHARD SWINEY, JOHN HOLTON, ) THOMAS HANCOCK, and ) CHRISTOPHER SCOTT THOMPSON, ) ) Defendants. ) MEMORANDUM AND ORDER YANDLE, District Judge: This matter is before the Court on the Report and Recommendation ("Report") of United States Magistrate Judge Mark A. Beatty (Doc. 41), recommending the granting of Defendants’ Motion for Summary Judgment on the Issue of Exhaustion of Administrative Remedies (Doc. 32). No objections have been filed to the Report. For the following reasons, Judge Beatty’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 Beatty thoroughly discussed and supported his conclusion that Plaintiff failed to exhaust his administrative remedies prior to filing suit. The Court finds no clear error in Judge Beatty’s findings, analysis and conclusions, and adopts his Report and Recommendation in its entirety. Accordingly, Defendants’ Motion for Summary Judgment on the Issue of Exhaustion of Administrative Remedies is GRANTED (Doc. 32). Defendants are DISMISSED without prejudice and the Clerk of Court is DIRECTED to close this matter accordingly. IT IS SO ORDERED. DATED: September 26, 2019 Ao Goll STACI M. YANDLE United States District Judge
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