Carr v. Hoover et al

Filing 91

JUDGMENT - Objections to 41 Report and Recommendation are OVERRULED; 41 Report and Recommendation APPROVED and ADOPTED; defendant Chief Freddie Cannon and Mayor John Cox are DISMISSED; claims against Officer Lloyd Hoover will PROCEED. Signed by District Judge Michael P. Mills on 4/13/18. (cr)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION GREGORY PAUL CARR PLAINTIFF v. No. 4:16CV88-MPM-DAS OFFICER LLOYD HOOVER CHIEF FREDDIE CANNON MAYOR JOHN COX DEFENDANTS 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 defendants Chief Freddie Cannon and Mayor John Cox are DISMISSED from this case for failure of the plaintiff to state a constitutional question in his allegations against them. 4. The plaintiff’s claims against Officer Lloyd Hoover for arrest without probable cause will, however, PROCEED. SO ORDERED, this, the 13th day of April, 2018. /s/ MICHAEL P. MILLS UNITED STATES DISTRICT JUDGE NORTHERN DISTRICT OF MISSISSIPPI

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