Boyd v. Department of Medicaid Jackson Mississippi

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATION; judgment is entered for defendant and this cause is dismissed without prejudice for failure to state a claim and for failure to set for any basis for jurisdiction in the court; plaintiff shall have until 1/16/2015 to show cause why sanctions should not be imposed to prevent further frivolous filings. Signed by District Judge Debra M. Brown on 12/22/2014. CASE CLOSED. (dlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
RALPH W. BOYD
V.

PLAINTIFF
NO. 1:14-CV-00140-DMB-DAS

DEPARTMENT OF MEDICAID
JACKSON MISSISSIPPI

DEFENDANT

ORDER ADOPTING REPORT AND RECOMMENDATION
Upon due consideration of the file and record in this action, the Court finds that the
Report and Recommendation of the United States Magistrate Judge dated October 28, 2014, was
on that date duly served upon the parties; that more than fourteen days have elapsed since service
of said Report and Recommendation; and that no objection1 thereto 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. Accordingly,
IT IS HEREBY ORDERED:
1. That the Report and Recommendation [5] of the United States Magistrate Judge dated
October 28, 2014, is hereby approved and adopted, and the proposed findings of fact and
conclusions of law therein are adopted as the findings of fact and conclusions of law of the
Court.
2. That judgment is entered for Defendant and this action is hereby dismissed without
prejudice for failure to state a claim and for failure to set forth any basis for jurisdiction in the
Court.

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Plaintiff has filed two responses [8, 9] to the Report and Recommendation, which repeat his myriad complaints
about his medical care and transportation services. However, neither response objects to the Report and
Recommendation nor addresses the jurisdictional and substantive deficiencies noted therein.

3. That Plaintiff Ralph W. Boyd show cause why the Court should not impose such
sanctions as it deems appropriate to prevent further frivolous filings pursuant to Federal Rule of
Civil Procedure 11. Plaintiff shall have until Friday, January 16, 2015, to show such cause.
SO, ORDERED, this 22nd day of December, 2014.
/s/ Debra M. Brown
UNITED STATES DISTRICT JUDGE

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