Evans v. Sparkman, et al.

Filing 25

FINAL JUDGMENT adopting 20 Report and Recommendations; dismissing case with prejudice, counting as strike. Signed by Michael P. Mills on 9/18/12. (mhg)

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

PLAINTIFF

v.

NO. 4:11CV129-M-V

EMMITT SPARKMAN, ET AL.

DEFENDANTS

FINAL JUDGMENT
Upon consideration of the file and records in this action, including the Report and
Recommendation of the United States Magistrate Judge dated June 22, 2012, and the July 9,
2012, objections to the Report and Recommendation, the court finds that the plaintiff’s
objections are without merit and 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

June 22, 2012, is hereby APPROVED AND ADOPTED as the opinion of the court.
2.

That the instant case is hereby DISMISSED with prejudice for failure to state a

claim upon which relief could be granted, counting as a “strike” under 28 U.S.C. §§ 1915
(e)(2)(B)(i) and 1915(g).
3.

That, in light of this ruling, any motion currently pending before the court in this

case are DISMISSED as moot.
4.

That this case is CLOSED.

THIS, the 18th day of September, 2012.
/s/ MICHAEL P. MILLS
CHIEF JUDGE
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF MISSISSIPPI