Walker v. Johnson et al

Filing 102

ORDER OVERRULING OBJECTIONS and ADOPTING REPORT AND RECOMMENDATIONS - Objections to R&R OVERRULED; R&R 99 APPROVED AND ADOPTED as opinion of the court; complaint DISMISSED with prejudice; CASE CLOSED. Signed by Neal B. Biggers on 8/30/10. (cr, USDC)

Walker v. Johnson et al

Doc. 102

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION BOBBY EDWARD WALKER V. JIM H. JOHNSON, et al. ORDER OVERRULING OBJECTIONS and ADOPTING REPORT AND RECOMMENDATION The plaintiff, an inmate proceeding pro se, filed this complaint pursuant to 42 U.S.C. § 1983. The plaintiff's complaint included a claim for excessive use of force and denial of adequate medical care. Following an evidentiary hearing, the Magistrate Judge submitted a report recommending the dismissal of the complaint for failure to state a claim. The plaintiff has filed objections to the report and recommendation. The court finds that for reasons stated in the Report and Recommendation dated July 27, 2010, the plaintiff's objections are not well taken. THEREFORE, it is hereby ORDERED that (1) the plaintiff' objections to the Report and Recommendation of the United States s Magistrate Judge are OVERRULED; (2) the Report and Recommendation (docket entry 99) is APPROVED and ADOPTED as the opinion of this court; (3) the complaint is DISMISSED with prejudice; and (4) this matter is CLOSED. SO ORDERED, this the 30th day of August, 2010. /s/ Neal Biggers NEAL B. BIGGERS SENIOR U.S. DISTRICT JUDGE PLAINTIFF NO. 1:08CV292-B-D DEFENDANTS

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