McGilberry v. Morris et al

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATIONS; dismissing Superintendent Earnest Lee with prejudice for failure to state a claim; claims against Warden Timothy Morris and Johnnie Denmark for failure to protect shall proceed; claims against the as-yet-unnamed guards for failure to provide timely medical attention will proceed. Signed by District Judge Sharion Aycock on 3/31/17. (jla)

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

PLAINTIFF

v.

No. 4:16CV40-SA-DAS

TIMOTHY MORRIS, 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 Superintendent Earnest Lee is DISMISSED with prejudice from this case for

failure to state a claim upon which relief could be granted.
3.

The plaintiff’s claims against defendants Warden Timothy Morris and Johnnie

Denmark for failure to protect will PROCEED.
4.

Likewise, McGilberry’s claims against the as-yet-unnamed guards for failure to

provide timely medical attention will PROCEED.

SO ORDERED, this, the 31st day of March, 2017.
/s/ Sharion Aycock
U.S. DISTRICT JUDGE