Summary
stating that ARB demanded the prisoner do more than the administrative rules require by denying appeal as untimely when it was submitted by the prisoner before the 30-day deadline but not received by the ARB until after the deadline
Summary of this case from Burt v. HarringtonOpinion
Case No. 11-cv-168-JPG
2013-10-08
PHILLIP E. JAROS, Plaintiff, v. ILLINOIS DEPARTMENT OF CORRECTIONS, Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 59) of Magistrate Judge Philip M. Frazier recommending that the Court deny the motion for partial summary judgment filed by defendant Illinois Department of Corrections ("IDOC") (Doc. 47).
The Court may accept, reject or modify, in whole or in part, the findings or recommendations of the magistrate judge in a report and recommendation. Fed. R. Civ. P. 72(b)(3). The Court must review de novo the portions of the report to which objections are made. Id. "If no objection or only partial objection is made, the district court judge reviews those unobjected portions for clear error." Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999).
The Court has received no objection to the Report. The Court has reviewed the entire file and finds that the Report is not clearly erroneous. Accordingly, the Court hereby: • ADOPTS the Report in its entirety (Doc. 59); and • DENIES IDOC's motion for partial summary judgment (Doc. 47).
IT IS SO ORDERED.
________
J. PHIL GILBERT
DISTRICT JUDGE