Ezell v. Neibel ( 2024 )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS BOBBY EZELL, #R65015, ) ) Plaintiff, ) ) vs. ) Case No. 21-cv-1434-SMY ) AUSTIN NEIBEL, ) ) Defendant. ) 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. 87), recommending the denial of the motion for summary judgment for failure to exhaust administrative remedies filed by Defendant Austin Neibel (Doc. 73). 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 exhausted his administrative remedies against Defendant prior to filing this lawsuit. The Court finds no clear error in Judge Daly’s findings, analysis and conclusions, and adopts her Report and Recommendation in its entirety. Accordingly, Defendant’s motion for summary judgment for failure to exhaust administrative remedies (Doc. 73) is DENIED. Plaintiffs claims Eighth Amendment claim against Defendant shall proceed. IT IS SO ORDERED. DATED: September 6, 2024 STACI M. YANDLE United States District Judge Page 2 of 2