Darnell v. Howard et al
FINAL JUDGMENT ADOPTING 13 REPORT AND RECOMMENDATIONS dismissing case for failure to state a claim upon which relief could be granted and counting as a "strike"; DENYING 15 Motion to Amend; CASE CLOSED. Signed by District Judge Sharion Aycock on 5/3/2016. (dlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
JERRY LEE DARNELL
CIRCUIT JUDGE LEE HOWARD, IV
DISTRICT ATTORNEY FORREST ALLGOOD
ADA MARK JACKSON
ADA LINDSAY CLEMONS
PUBLIC DEFENDER DONNA SMITH
INVESTIGATOR JAMES FARIS (LOWNDES COUNTY)
DEPUTY MARK MCGAIRTY (LOWNDES COUNTY)
DEPUTY LARRY SWEARINGEN (LOWNDES COUNTY)
Having considered the file and records in this action, the court finds that the Report and
Recommendation of the United States Magistrate Judge was duly served by mail upon the pro se
plaintiff at his last known address; that more than fourteen 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 magistrate judge’s Report and Recommendation should
therefore be approved and adopted as the opinion of the court. It is ordered:
That the Report and Recommendation of the United States Magistrate Judge is
hereby APPROVED AND ADOPTED as the opinion of the court.
That the instant case is DISMISSED for failure to state a claim upon which relief
could be granted, counting as a “strike” under 28 U.S.C. § 1915(g).
That this case is CLOSED.
That, in light of this ruling, the plaintiff’s motion  to amend his complaint is
SO ORDERED, this, the 3rd day of May, 2016.
/s/ Sharion Aycock_________
U.S. DISTRICT JUDGE
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