McCray v. MDOC et al

Filing 37

JUDGMENT - Report and Recommendation 18 APPROVED and ADOPTED; allegations of denial of access to the court is DISMISSED; Bernice Brown is DISMISSED with prejudice; allegations regarding denial to medical care as to Dr. Kpabitey are DISMISSED; claim s against Mississippi Department of Corrections are DISMISSED; claims against L.M. Darnell are DISMISSED; claims against Nurse L. Gale, Nurse Mayson and Nurse Jackson will proceed; claims against Nurse Burch will proceed. Signed by District Judge Michael P. Mills on 5/10/16. (cr)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
OTIS OLIVER MCCRAY

PLAINTIFF

v.

No. 3:15CV154-MPM-SAA

MDOC, ET AL.

DEFENDANTS

JUDGMENT
Having considered the file and records in this action, the court finds that the Report and
Recommendation of the United States Magistrate Judge was 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 magistrate judge’s Report and Recommendation should
therefore be approved and adopted as the opinion of the court. It is ordered:
1.

That the Report and Recommendation of the United States Magistrate Judge is

hereby APPROVED AND ADOPTED as the opinion of the court;
2.

That the plaintiff’s allegations regarding denial of access to the courts is

DISMISSED;
3.

That Bernice Brown is DISMISSED with prejudice from this case;

4.

That the plaintiff’s allegations regarding denial of medical care as to Dr. Kpabitey

are DISMISSED for failure to state a claim upon which relief could be granted;
5.

That the plaintiff’s claims against the Mississippi Department of Corrections are

DISMISSED for failure to state a claim upon which relief could be granted;
6.

That the plaintiff’s claims against L. M. Darnell are DISMISSED;

7.

The plaintiff’s claims against Nurse L. Gale, Nurse Mayson, and Nurse Jackson for

failing to provide him with prescribed medication from June 16, 2015, until August 2015 will

PROCEED; and
8.

That the plaintiff’s claims against Nurse Burch for blocking his attempts to have his

dental plate replaced or repaired will PROCEED.

SO ORDERED, this, the 10th day of May, 2016.

/s/ MICHAEL P. MILLS
UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF MISSISSIPPI