Holloway v. Alcorn County et al

Filing 30

JUDGMENT - Plaintiff's objections to 22 Report and Recommendation are OVERRULED; Report and Recommendation APPROVED AND ADOPTED as opinion of the court; defendants Nurse Ben "Doe", Wes Odle, Jim Horton, Donna Rickman, Mary Thrasher, Sergeant Allstat, Officer Bob Hawkins and Dr. Carl Welsh are DISMISSED; case will proceed as to the remaining defendants. Signed by Senior Judge Neal B. Biggers on 5/15/15. (cr) Modified on 5/15/2014 (cr).

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
JASON HOLLOWAY

PLAINTIFF

v.

No. 1:13CV218-NBB-SAA

ALCORN COUNTY, ET AL.

DEFENDANTS

JUDGMENT
Having considered the file and records in this action, including the Report and
Recommendation of the United States Magistrate Judge and the objections to the Report and
Recommendation, the court finds that the plaintiff’s objections are without merit and that the
Magistrate Judge’s Report and Recommendation should be approved and adopted as the opinion
of the court. It is ordered:
1.

That the plaintiff’s objections to the Magistrate Judge’s Report and

Recommendation are OVERRULED;
2.

That the Report and Recommendation of the United States Magistrate Judge is

hereby APPROVED AND ADOPTED as the opinion of the court; and
3.

That the plaintiff’s claims regarding general conditions of confinement and failure

to protect are DISMISSED with prejudice for failure to state a claim upon which relief could be
granted.
4.

That defendants Nurse Ben “Doe,” Wes Odle, Jim Horton, Donna Rickman, Mary

Thrasher, Sergeant Allstat, Officer Bob Hawkins, and Dr. Carl Welsh should be and are
DISMISSED with prejudice.
5.

That the plaintiff’s claims for use of excessive force, denial of medical care, denial

of access to the courts, and mail tampering may PROCEED as to the remaining defendants:
Alcorn County, Sheriff Charles Rinehart, Jail Administrator Pat Marlar, Lt. Steve Odle, Warden

Doug Mullen, Officer Hudson, Officer Tate, and Nurse Lee Holder.
SO ORDERED, this, the 14th day of May, 2014.

/s/ Neal Biggers
NEAL B. BIGGERS
SENIOR U. S. DISTRICT JUDGE