Jackson v. Epps et al

Filing 45

ORDER OVERRULING OBJECTIONS and ADOPTING REPORT AND RECOMMENDATIONS for 41 Report and Recommendations. CASE CLOSED. Signed by W. Allen Pepper on 4/05/2010. (pbs, USDC)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION TOMMY JACKSON V. LAWRENCE KELLY, et al. ORDER OVERRULING OBJECTIONS and ADOPTING REPORT AND RECOMMENDATION The Plaintiff, an inmate proceeding pro se, filed this complaint pursuant to 42 U.S.C. § 1983. The Plaintiff's complaint included claims excessive force and failure to protect. Following and evidentiary hearing, the Magistrate Judge submitted a report recommending the dismissal of Plaintiff's claims. The Plaintiff has filed objections to the report and recommendation. The court finds that for reasons stated in the Report and Recommendation dated March 10, 2010, the Plaintiff's objections are not well taken. THEREFORE, it is hereby ORDERED that (1) the Plaintiff's objections to the Report and Recommendation of the United States Magistrate Judge are OVERRULED; (2) the Report and Recommendation (docket entry 41) is APPROVED and ADOPTED as the opinion of this court; (3) the complaint is DISMISSED with prejudice; and (4) this matter is CLOSED. SO ORDERED, this the 5th day of April 2010. PLAINTIFF NO. 4:07CV144-P-A DEFENDANTS

/s/ W. Allen Pepper, Jr. W. ALLEN PEPPER, JR. UNITED STATES DISTRICT JUDGE