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)

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