Talley v. Butler

Full title: DURWYN TALLEY, Plaintiff, v. WARDEN BUTLER, et al., Defendants.

Court: UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

Date published: Oct 22, 2015

Case No. 14-cv-976-JPG-PMF (S.D. Ill. Oct. 22, 2015)

Opinion

Case No. 14-cv-976-JPG-PMF

10-22-2015

DURWYN TALLEY, Plaintiff, v. WARDEN BUTLER, et al., Defendants.

J. PHIL GILBERT DISTRICT JUDGE

MEMORANDUM AND ORDER

This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 33) of Magistrate Judge Philip M. Frazier recommending that the Court deny plaintiff Durwyn Talley's third motion for a temporary restraining order or a preliminary injunction (Doc. 26).

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. 33); and

• DENIES Talley's third motion for a temporary restraining order or a preliminary injunction (Doc. 26);

IT IS SO ORDERED.
DATED: October 22, 2015

s/ J. Phil Gilbert

J. PHIL GILBERT

DISTRICT JUDGE