Powers v. Epps et al

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; Timothy Morris, Gloria Perry, John Rogers, Christopher Epps and Lawrence Kelly terminated.; adopting Report and Recommendations re 19 Report and Recommendations. Signed by W. Allen Pepper on 12/12/2011. (pls)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION

STEPHEN ELLIOTT POWERS
v.

PLAINTIFF
No. 4:10CV57-P-A

CHRISTOPHER EPPS, ET AL., ET AL.

DEFENDANTS

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 September 12, 2011, 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

September 12, 2011, is hereby APPROVED AND ADOPTED as the opinion of the court.
2.

That defendants claims against Christopher Epps, Lawrence Kelly, and Dr. Gloria

Perry, Deputy Warden John Rogers, and Warden Timothy Morris are DISMISSED for failure to
state a constitutional claim.
3.

That the plaintiff’s claims for denial of adequate medical care should, however,

proceed against defendants Dr. John Evans, Dr. Thomas Lehman, Dr. Dominic Trinch, Dr. James

Burke, Dr. John Payne, Dr. Kim Myung, Deputy Warden George Davenport, Dr. Heinz Schafer,
and the University Medical Center.
THIS, the 12th day of December, 2011.
/s/ W. Allen Pepper, Jr.
W. ALLEN PEPPER, JR.
UNITED STATES DISTRICT JUDGE