Johnson v. Cabe et al

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 12 Report and Recommendations; dismissing cause with prejudice for failure to state a claim; counting as a 'strike'. Signed by District Judge Michael P. Mills on 5/16/14. (jlm)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION LEON JOHNSON PLAINTIFF v. No. 4:13CV98-MPM-DAS LORENZO CABE, ET AL. DEFENDANTS FINAL JUDGMENT Having considered the file and records in this action, including the Report and Recommendation of the United States Magistrate Judge and the 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 ordered: 1. That the plaintiff’s objections to the Magistrate Judge’s Report and Recommendation are OVERRULED; 2. That the Report and Recommendation of the United States Magistrate Judge is hereby APPROVED AND ADOPTED as the opinion of the court; and 3. 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). SO ORDERED, this, the 16th day of May, 2014. /s/ MICHAEL P. MILLS CHIEF JUDGE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF MISSISSIPPI

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