Johnson v. DeSoto County Sheriff Dept. et al

Filing 13

FINAL JUDGMENT - Report and Recommendation 11 APPROVED AND ADOPTED; case DISMISSED with prejudice for failure to state a claim counting as a "strike". Case CLOSED. Signed by Michael P. Mills on 7/31/13. (cr)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
WALTER VAUGHN JOHNSON, JR.
vs.

PLAINTIFF
CIVIL ACTION NO.: 3:13cv43-MPM-JMV

DESOTO COUNTY SHERIFF DEPT., et al.

DEFENDANTS

FINAL JUDGMENT
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 18, 2013, was on that
date duly served by mail on the pro se plaintiff at his last known address; that the plaintiff
acknowledged receipt of the Report and Recommendation on June 21, 2013; 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 18, 2013, is hereby APPROVED AND ADOPTED as the opinion of the Court.
2. That the instant case is hereby DISMISSED with prejudice for the plaintiff’s failure
to state a claim upon which relief may be granted, counting as a “strike” under 28 U.S.C. §§
1915(e)(2)(B)(i) and 1915(g).
3. That this case is CLOSED.
SO ORDERED this the 31st day of July, 2013.
/s/ MICHAEL P. MILLS
CHIEF JUDGE
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF MISSISSIPPI