Ward v. Lee et al

Filing 42

JUDGMENT ADOPTING REPORT AND RECOMMENDATIONS for 38 Report and Recommendations; DISMISSING Ernest Lee and Faye Noel; case proceeds as to Officer John Doe, Mildred Rome. Signed by Senior Judge Glen H. Davidson on 5/15/14. (tab)

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF MISSISSIPPI

GREENVILLE DIVISION

EDWARD D. WARD

PLAINTIFF

v.

No. 4:13CV74-GHD-SAA

EARNEST LEE, ET AL.

DEFENDANTS

JUDGMENT

Having considered the file and records in this action, the court finds that the Report and
Recommendation of the United States Magistrate Judge was 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 magistrate judge's Report and Recommendation should
therefore be approved and adopted as the opinion of the court. It is ordered:
1.

That the Report and Recommendation of the United States Magistrate Judge is

hereby APPROVED AND ADOPTED as the opinion of the court.
2.

That this action be dismissed as to Ernest Lee and Faye Noel for failure to state a

constitutional question.
3.

That this case PROCEED as to "Ore. John Doe" (the Watch Commander on duty at

the time of the incident) and Mildred Rome for failure to protect him from the attack of other
inmates.
SO ORDERED, this, the 15th day of May, 2014.

\

lsI Glen H. Davidson
SENIOR JUDGE