Stapleton v. Noel et al

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS 13 - Report and Recommendation APPROVED AND ADOPTED as the opinion of the court; plaintiff's motion to dismiss Defendants Christopher Epps, Earnest Lee, Richard Steward, and Lawrence Turner is GRANTE D in Part and DENIED in Part; Defendants Christopher Epps and Earnest Lee are DISMISSED with prejudice; Defendants Steward and Turner are DISMISSED without prejudice; case will proceed as to remaining defendant, Faye Noel. Signed by District Judge Debra M. Brown on 5/22/14. (cr)

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

BOSS STAPLETON

PLAINTIFF

V.

NO. 4:13-CV-00139-DMB-DAS

FAYE NOEL; RICHARD STEWARD;
CHRISTOPHER EPPS; EARNEST LEE;
MR. TURNER

DEFENDANTS

ORDER REGARDING REPORT AND RECOMMENDATION AND MOTION TO
DISMISS
On July 29, 2013, Plaintiff Boss Stapleton filed a Prisoner’s Complaint in this Court
against Defendants Faye Noel, Richard Steward, Christopher Epps, Earnest Lee, and “Mr.
Turner.” Doc. #1. On December 9, 2013, Magistrate Judge Sanders issued a Report and
Recommendation recommending dismissal of the claims brought against Defendants Epps and
Lee. Doc. #13 at 2. Plaintiff acknowledged service of the Report and Recommendation on
December 12, 2013. Doc. #16.
On December 16, 2013, Plaintiff filed a “Motion To have defendants Richmon Stewart;
Christopher Epps; and Earnest Lee AND Larence Turner dismissed . . .”

Doc. #14 at 1

(emphasis in original). In his motion, Plaintiff “recommend[s]” dismissal of Defendants Stewart,
Epps, Lee, and Turner. Id. at 2.
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 recommended dismissing Defendants

Christopher Epps and Earnest Lee from the instant suit.

That recommendation will be

APPROVED and ADOPTED as the opinion of this Court. See Gentry v. Wexford Health
Sources, Inc., No. 3:09-cv-173, 2011 WL 3924834, at *3 (S.D. Miss. 2011) (adopting report and
recommendation and denying voluntary motion to dismiss).
To the extent Defendants Epps and Lee have been dismissed from the suit, Plaintiff’s
motion for voluntary dismissal must be DENIED as moot.

To the extent Plaintiff seeks

voluntary dismissal of Defendants Steward and Turner, such relief is GRANTED.
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 Plaintiff’s motion to dismiss Defendants Christopher Epps, Earnest Lee, Richard
Steward, and Lawrence Turner is GRANTED in Part and DENIED in Part.
(3) That Defendants Christopher Epps and Earnest are DISMISSED with prejudice from
this case.
(4) That Defendants Steward and Turner are DISMISSED without prejudice from this case.
(5) That the case will proceed as to the remaining defendant, Faye Noel.
SO ORDERED, this the 22nd day of May, 2014.

/s/ Debra M. Brown
UNITED STATES DISTRICT JUDGE