Caston v. Harris et al

Filing 57

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; defendants Fowler, Pointdexter, Rhodes, Allen and Curry terminated.; complaint shall go forward with remaining defendants. Signed by District Judge Sharion Aycock on 2/27/13. (cr)

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

CASEY J. CASTON

PLAINTIFF

v.

No. 4:12CV32-A-V

WARDEN JOANNE HARRIS, 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 June 12, 2012, 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

June 12, 2012, is hereby APPROVED AND ADOPTED as the opinion of the court.
2.

That the plaintiff’s claims for retaliation, general conditions of confinement, and

denial of access to the courts are DISMISSED for failure to state a claim upon which relief
could be granted. In addition, the following defendants are DISMISSED with prejudice from
this case: CO Fowler, CO Curry, CO Allen, CO Rhodes, and CO Poindexter.
3.

That Caston’s allegations regarding denial of adequate medical care and excessive

force against Warden Joanne Harris, CO Harmon, CO Bloomingbird, CO Freddy Jones, Lt.
Addison, Canteen Officer Terrance “Doe,” Sheriff Milton Gaston, Chief Clayton Williams CO

Malcolm Stewart, and the Washington Co. Regional Correctional Facility will go forward.
THIS, the 27th day of February, 2013.
/s/ Sharion Aycock
U.S. DISTRICT JUDGE