Roberson v. McDonald Transit Associates, Inc. et al

Filing 113

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by Senior Judge Neal B. Biggers on 11/20/15. (jww)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
CARROLL D. ROBERSON
v.

PLAINTIFF
CIVIL ACTION NO. 3:14-CV-00168-NBB-JMV

MCDONALD TRANSIT ASSOCIATES,
INC., CITY OF OXFORD, MAYOR PAT
PATTERSON, OFFICER RON BIGGS
AND CALVIN HILL

DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION
On consideration of the file and record of this action, the court finds that the Report and
Recommendation of the United States Magistrate Judge dated November 3, 2015, was; recorded
on the court’s electronic filing system, accessible to all parties, and that more than fourteen days
have passed since the recording of said Report and Recommendation. The defendants object to
the magistrate’s Report and Recommendation. Notwithstanding, the court is of the opinion that
the magistrate judge’s Report and Recommendation should be approved and adopted as the
opinion of this court. It is, therefore,
ORDERED:
1. that the Report and Recommendation of the United States Magistrate Judge dated
November 3, 2015, is hereby approved and adopted as the opinion of this court;
2. that defendants’ objection is OVERRULED;
3. that plaintiff’s 42 U.S.C. § 1983 claims against Pat Patterson and Ron Biggs in their
individual capacities as mayor and police officer are hereby DISMISSED with
prejudice;
4. that plaintiff has fourteen days from this date to file a motion to amend, along with an
amended complaint; and

5. that the trial date in this matter will be determined after consideration of plaintiff’s
motion to amend and amended complaint or after the expiration of the time the
plaintiff has been given to amend his complaint.
THIS, the 20th day of November, 2015.
/s/ Neal Biggers
NEAL B. BIGGERS
SENIOR U.S. DISTRICT JUDGE