Darnell v. Howard et al

Filing 19

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)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI ABERDEEN DIVISION JERRY LEE DARNELL PLAINTIFF v. No. 1:15CV132-SA-JMV 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) DEFENDANTS FINAL JUDGMENT 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: 1. That the Report and Recommendation of the United States Magistrate Judge is hereby APPROVED AND ADOPTED as the opinion of the court. 2. 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). 3. That this case is CLOSED. 4. That, in light of this ruling, the plaintiff’s motion [15] to amend his complaint is DENIED. SO ORDERED, this, the 3rd day of May, 2016. /s/ Sharion Aycock_________ U.S. DISTRICT JUDGE

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