Hawkins v. Mitchell et al - Document 23
ORDER Entered by Chief Judge Michael P. McCuskey on 6/15/11. Report and Recommendations 22 is granted. Motion to Dismiss 15 granted in part and denied in part. Defendants are allowed 21 days to file their answer to the remaining claims in plaintiff's amended complaint. Case is referred to Magistrate Judge David G. Bernthal for further proceedings. See written order. (answer due 7/6/11). (KW, ilcd)
Wednesday, 15 June, 2011 04:14:50 PM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
WILLIAM H. HAWKINS,
Case No. 10-CV-2111
CITY OF CHAMPAIGN, ILLINOIS,
RODNEY S. MITCHELL, and JAMES S.
A Report and Recommendation (#22) was filed by Magistrate Judge David G. Bernthal in
the above cause on May 25, 2011. More than fourteen (14) days have elapsed since the filing of the
Recommendation and no objections have been made.
See 28 U.S.C. § 636(b)(1).
Recommendation of the Magistrate Judge is, therefore, accepted by the court. See Video Views,
Inc. v. Studio 21, Ltd, 797 F.2d 538 (7th Cir. 1986).
IT IS THEREFORE ORDERED THAT:
(1) The Report and Recommendation (#22) is accepted by this court.
(2) The Motion to Dismiss Amended Complaint (#15) filed by Defendants is GRANTED
in part and DENIED in part. Specifically, the Motion to Dismiss is granted as to all claims under
the Illinois Constitution and the Illinois Civil Rights Act of 2006, Count VII for trespass, Count VIII
for malicious prosecution, Count IX for custom and policy of illegal seizure alleged against
Defendant City of Champaign, and Count X for failure to train and supervise alleged against
Defendant City of Champaign. The Motion to Dismiss is denied as to all other claims alleged in
Plaintiff’s Amended Complaint.
(3) Defendants are allowed twenty-one (21) days to file their Answer to the remaining claims
in Plaintiff’s Amended Complaint.
(4) This case is referred to Magistrate Judge David G. Bernthal for further proceedings.
day of June, 2011
s/ Michael P. McCuskey
MICHAEL P. McCUSKEY
CHIEF U.S. DISTRICT JUDGE