Scroggins v. City of Kankakee

Full title: ROBERT L. SCROGGINS, JR., Plaintiff, v. CITY OF KANKAKEE, a municipal…

Court: United States District Court, C.D. Illinois, Urbana Division

Date published: Oct 10, 2006

Case No. 06-2128 (C.D. Ill. Oct. 10, 2006)

Opinion

Case No. 06-2128.

October 10, 2006

OPINION

MICHAEL McCUSKEY, District Judge

A Report and Recommendation (#12) was filed by the Magistrate Judge in the above cause on September 20, 2006. More than ten (10) days have elapsed since the filing of the Recommendation and no objections have been made. See 28 U.S.C. § 636(b)(1). The Recommendation of the Magistrate Judge is, therefore, accepted by the court. See Video Views, Inc. v. Studio 21, Ltd., 797 F.2d 538 (7^th Cir. 1986). IT IS THEREFORE ORDERED:

(1) Defendants' Motion to Dismiss (7) is GRANTED.

(2) Count III of Plaintiff's complaint is dismissed with prejudice. Count I is of Plaintiff's complaint is dismissed without prejudice. Plaintiff is allowed fourteen days to file an amended complaint to remedy Count I.

(3) This case is referred to the Magistrate Judge for further proceedings.