Hopson v. Bryant et al

Filing 28

JUDGMENT ADOPTING REPORT AND RECOMMENDATIONS, Ben Creekmore, Jim Dobbins (Shelby County Sheriff's Office, Fugitive Division), Robert Elliott, Kelly Luther, M.D.O.C., Milton E. Magee, Jr, Clayton Tartt, Justin Taylor, Jason Tubb, Brian Avery (Lake County Sheriff) and Phil Bryant DISMISSED with prejudice; claims against Johnny Bell, Jimmy Edwards, and Terry Wayne Dykes will proceed. Signed by Senior Judge Neal B. Biggers on 1/24/17. (cr)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI OXFORD DIVISION ALLERY DELJUAN HOPSON V. PLAINTIFF CIVIL ACTION NO.: 3:16CV223-NBB-RP PHIL BRYANT, ET AL. DEFENDANTS JUDGMENT Upon consideration of the file and records in this action, the Court finds that the Report and Recommendation of the United States Magistrate Judge dated December 9, 2016, was on that date duly served by mail on the pro se plaintiff at his last known address; that more than fourteen days have elapsed since service of the Report and Recommendation; that plaintiff requested and received an extension of time within which to file objections; that the extended time to file objections has now passed; 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 December 9, 2016, is hereby APPROVED AND ADOPTED as the opinion of the Court; 2. That defendants Phil Bryant, Robert Elliott, Ben Creekmore, Kelly Luther, Brian Avery, Jason Tubb, Milton E. Magee, Jr., the Mississippi Department of Corrections, Clayton Tartt, Justin Taylor, and Jim Dobbins are DISMISSED from this action with prejudice; and 3. That the plaintiff’s claims concerning his detention in the Union County Jail and the denial of medical care at that facility proceed against defendants Johnny Bell, Jimmy Edwards, and Terry Wayne Dykes. SO ORDERED this the 24th day of January, 2017. /s/ Neal Biggers NEAL B. BIGGERS UNITED STATES DISTRICT JUDGE 2

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