Walker v. Pigeon et al

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS 14 . Claims against defendants Epps, Streeter, and Pigeon are DISMISSED with prejudice. Signed by Neal B. Biggers on 1/30/13. (cr)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION

EDWIN L. WALKER, JR.

PLAINTIFF

v.

No. 3:11CV140-B-V

PEGGY PIGEON JESSE STREETER THOMAS TOWNSEND, 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 25, 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 25, 2012, is hereby APPROVED AND ADOPTED as the opinion of the court.
2.

That the plaintiff’s claims against defendants Epps, Streeter, and Pigeon are

DISMISSED with prejudice for failure to state a claim upon which relief could be granted.
3.

That the case will proceed as to the plaintiff’s sole remaining claim (that

defendant Thomas Townsend used excessive force against him) will proceed.
THIS, the 30th day of January, 2013.

/s/ Neal B. Biggers
NEAL B. BIGGERS
SENIOR U. S. DISTRICT JUDGE