Drakes v. T.C.C.F. et al

Filing 40

ORDER ADOPTING REPORT AND RECOMMENDATIONS : Report and Recommendation APPROVED AND ADOPTED as the opinion of the Court; California Out-of-State Correctional Facility, Mississippi Department of Education and Associate Warden James Nuchring be DISMISSED with prejudice; action proceed against the remaining defendants. Signed by Senior Judge Neal B. Biggers on 9/24/14. (cr)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
DARIO DRAKES,
vs.

PLAINTIFF
CIVIL ACTION NO.: 3:13CV133-NBB-SAA

T.C.C.F., et al.,

DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION
Upon consideration of the files and records in this action, the Court finds that the Report
and Recommendation of the United States Magistrate Judge dated August 26, 2013, was on that
date duly served by mail on the pro se plaintiff at his last known address; that he acknowledged
receipt of same on August 28, 2013; that more than fourteen days have elapsed since the plaintiff
acknowledged receipt 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
August 26, 2013, is hereby APPROVED AND ADOPTED as the opinion of the Court.
2. That the California Out-of-State Correctional Facility, the Mississippi Department of
Education, and Associate Warden James Nuchring be DISMISSED from this action with
prejudice.
3. That the instant action proceed against the remaining defendants.
THIS, the 24th day of September, 2013.
/s/ Neal Biggers
NEAL B. BIGGERS, JR.
SENIOR U.S. DISTRICT JUDGE