Jones v. The City of Rosedale
Filing
30
ORDER ADOPTING REPORT AND RECOMMENDATIONS; case DISMISSED with prejudice for failure to state a claim upon which relief could be granted; counting as a "strike"; motion 28 DISMISSED as moot; CASE CLOSED. Signed by District Judge Sharion Aycock on 12/12/12. (cr)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
DELTA DIVISION
LA TIDTUS JONES
PLAINTIFF
v.
No. 2:12CV32-A-V
CITY OF ROSEDALE, ET AL.
DEFENDANTS
ORDER ADOPTING
REPORT AND RECOMMENDATION
Upon consideration of the file and records in this action, the court finds that the Report
and Recommendation of the United States Magistrate Judge dated June 13, 2012, was on that
date 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 court is
of the opinion that the magistrate judge’s Report and Recommendation should be approved and
adopted as the opinion of the court. It is, therefore ORDERED:
1.
That the Report and Recommendation of the United States Magistrate Judge dated
June 13, 2012, is hereby APPROVED AND ADOPTED as the opinion of the court.
2.
That the instant case is hereby DISMISSED with prejudice for failure to state a
claim upon which relief could be granted, counting as a “strike” under 28 U.S.C. §§ 1915
(e)(2)(B)(i) and 1915(g).
3.
That, in light of this ruling, the plaintiff’s motion [26] for writ of mandamus and
motion [28] requesting physical exam are DISMISSED as moot.
4.
That this case is CLOSED.
SO ORDERED, THIS the 12th day of December, 2012.
/s/ Sharion Aycock
U.S. DISTRICT JUDGE
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