Lofton v. Everett et al

Filing 23

JUDGMENT - Report and Recommendation APPROVED AND ADOPTED as the opinion of the court; claims regarding taking of property and denial of a meal are DISMISSED with prejudice; DeSoto County Adult Detention Facility and Byhalia Police Department are DISMISSED from this case; plaintiff's claims regarding denial of adequate medical treatment and excessive force shall PROCEED. Signed by District Judge Michael P. Mills on 3/23/17. (cr)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI OXFORD DIVISION JERRY LYNN LOFTON a/k/a GERRY LYNN LOFTON PLAINTIFF v. No. 3:16CV211-MPM-JMV NURSE MELANIE EVERETT SHERIFF BILL RASCO CHIEF LOONEY DESOTO COUNTY ADULT DETENTION FACILITY BYAHLIA, MISS. POLICE CHIEF BYHALIA, MISS. POLICE DEPT. 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 claims regarding the taking of his property and denial of a meal are DISMISSED with prejudice for failure to state a claim upon which relief could be granted. 3. That he DeSoto County Adult Detention Facility and Byhalia Police Department are DISMISSED from this case as they are not proper defendants. 4. That the plaintiff’s claims regarding denial of adequate medical treatment and excessive force shall PROCEED. SO ORDERED, this, the 23rd day of March, 2017. /s/ MICHAEL P. MILLS UNITED STATES DISTRICT JUDGE NORTHERN DISTRICT OF MISSISSIPPI

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?