Hutcheson v. Binion et al

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS. John Rogers; Christopher Epps and Lawrence Kelly terminated.. Signed by Michael P. Mills on 12/7/09. (lpm, USDC)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION CHRISTOPHER LEE HUTCHESON v. LT. RONALD BINION, ET AL., ET AL. ORDER ADOPTING REPORT AND RECOMMENDATION 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 November 5, 2009, was on that date 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 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 PLAINTIFF No. 4:09CV56-M-S DEFENDANTS

November 5, 2009, is hereby APPROVED AND ADOPTED as the opinion of the court. 2. That the plaintiff's claims against defendants Rogers, Kelly, and Epps are

DISMISSED with prejudice as frivolous under 28 U.S.C. § 1915(d) ­ and these defendants are DISMISSED from this case. 3. PROCEED. THIS, the 7th day of December, 2009. /s/ MICHAEL P. MILLS CHIEF JUDGE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF MISSISSIPPI That the plaintiff's claim of excessive force against defendant Binion will