McFarland v. Lee County Adult Detention Center et al

Filing 54

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 32 Report and Recommendations. Signed by Senior Judge Glen H. Davidson on 9/9/21. (cb)

Case: 1:20-cv-00064-GHD-RP Doc #: 54 Filed: 09/09/21 1 of 2 PageID #: 322

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
TAKEI GURMEANI MCFARLAND
v.

PLAINTIFF
No. 1:20CV064-GHD-RP

LEE CO. ADULT DETENTION CENTER
SALTILLO EMERGENCY 911 HOTLINE
LEE COUNTY SHERIFF’S DEPT.
MISSISSIPPI HIGHWAY PATROL
VERONA POLICE DEPARTMENT
VERONE POLICE CHIEF NUNN
CHIEF OF VERONA POLICE DEPARTMENT
VERONA POLICE OFFICER WASHINGTON #6 (BADGE NUMBER)
SALTILLO EMERGENCY 911 DISPATCH SERVICE
VERONA INVESTIGATOR WILLARD
VERONA POLICE OFFICER LARRY POLK
VERONA POLICE OFFICER #7 (BADGE NUMBER)
VERONA POLICE OFFICER MOODY
EX VERONA POLICE CHIEF JOHNNY PATTERSON
VERONA POLICE OFFICER #8

DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION
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 following defendants be dismissed because the plaintiff intended to name

them only as witnesses: Verona Police Officer Washington (Badge #6), Verona Investigator
Willard, Verona Police Officer Larry Polk, Verona Police Officer with Badge #7, and Verona

Case: 1:20-cv-00064-GHD-RP Doc #: 54 Filed: 09/09/21 2 of 2 PageID #: 323

Police Officer Moody.
3.

That the following defendants should be dismissed because they are not proper

defendants in a suit filed under 42 U.S.C. §1983: Lee County Adult Detention Center, Saltillo
Emergency 911 Hotline, Saltillo Emergency 911 Dispatch Service, Lee County Sheriff’s
Department, Mississippi Highway Patrol, and the Verona Police Department.
4.

The plaintiff’s claims regarding excessive force will go forward as to the

following defendants: Verona Police Chief Nunn, ex-Verona Police Officer Johnny Patterson,
Verona Police Officer with Badge #8, and Mississippi Highway Patrol Officer Bryan Morrow.
SO ORDERED, this, the 9th day of September, 2021.

_____________________________
U.S. DISTRICT JUDGE