Walker v. Johnson et al

Filing 40

ORDER ADOPTING REPORT AND RECOMMENDATIONS, dismissing plaintiff's claims against defendants Morgan, Smith, Duke, Ivy, Weeks, and the Board of Supervisors with prejudice. The plaintiff's claims of excessive force and denial of medical care against defendants Johnson, Carleto, McDaniels, Bridges, Caffin, Nolden and Hall shall proceed. Signed by Neal B. Biggers on 6/24/2009. (tce, USDC)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION BOBBY EDWARD WALKER v. JIM H. JOHNSON, ET AL., ET AL. ORDER ADOPTING REPORT AND RECOMMENDATION Upon consideration of the file and records in this action, the court finds that the Report and Recommendation of the United States Magistrate Judge dated March 9, 2009, was on that date duly served by mail upon the pro se plaintiff at his last known address; that more than ten days have elapsed since service of the Report and Recommendation; and that no objection to the Report and Recommendation has been filed or served by any party. The court is of the opinion that the magistrate judge's Report and Recommendation should be approved and adopted as the opinion of the court. It is, therefore ORDERED: 1. That the Report and Recommendation of the United States Magistrate Judge dated PLAINTIFF No. 1:08CV292-B-D DEFENDANTS

March 9, 2009, is hereby APPROVED AND ADOPTED as the opinion of the court. 2. That the plaintiff's claims against defendants Morgan, Smith, Duke, Ivy, Weeks,

and the Board of Supervisors are hereby DISMISSED with prejudice. 3. That the plaintiff's claims of excessive force and denial of medical care against

defendants Johnson, Carleton, McDaniels, Bridges, Caffin, Nolden and Hall shall proceed. THIS, the 24th day of June, 2009. /s/ Neal Biggers NEAL B. BIGGERS SENIOR U. S. DISTRICT JUDGE