Truidalle v. Brookhart ( 2021 )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS FREDEAL TRUIDALLE ) Plaintiff, ) ) vs. ) Case No. 19-cv-743-SMY ) DEE DEE BROOKHART, ROB ) JEFFREYS, CODY PIPER, JOSH ) CRAWFORD, KYLER WEST, ) MICHAEL FISHER, HAYLEY ) KERMICLE, SARA STOVER, SHAWN ) OCHS, and WEXFORD HEALTH ) SOURCES, INC., ) ) 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. 119), recommending the undersigned grant Motions for Summary Judgment for Failure to Exhaust Administrative Remedies filed by Defendants (Docs. 86, 88, 105). No objections have been filed to the Report. For the following reasons, Judge Daly’s Report and Recommendation 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 conclusions that Plaintiff failed to exhaust his administrative remedies prior to filing this lawsuit. The Court finds no clear error in Judge Daly’s findings, analyses, or conclusions, and adopts her Report and Recommendation in its entirety. Accordingly, Defendants’ Motions for Summary Judgment for Failure to Exhaust Administrative Remedies (Docs. 86, 88, 105) are GRANTED. Plaintiff's claims are DISMISSED without prejudice and the Clerk of Court is DIRECTED to close this case. IT IS SO ORDERED. DATED: September 23, 2021 . 14:38:48 -05'00' STACI M. YANDLE United States District Judge Page 2 of 2