Opinion
Case No. 11-cv-398-JPG-PMF
08-30-2013
JOECEPHUS MITTS, Plaintiff, v. OBANDINA, et al., Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 97) of Magistrate Judge Philip M. Frazier recommending that the Court grant the motion to dismiss filed by defendants Larson and Wahl (Doc. 83) and dismiss Count II of the First Amended Complaint without prejudice as redundant of Count I.
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. 97);
• GRANTS Larson's and Wahl's motion to dismiss Count II (Doc. 83);
• DISMISSES Count II without prejudice as redundant of Count I;
• CONSTRUES the allegations in Count II of the First Amended Complaint to be
incorporated into Count I; and
• DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case.
IT IS SO ORDERED.
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J. PHIL GILBERT
DISTRICT JUDGE