Kirkwood v. Fisher et al

Filing 44

ORDER ADOPTING REPORT AND RECOMMENDATIONS AND DISMISSING DEFENDANT JESSE PATRICK: for 42 Report and Recommendations, granting 38 Motion to Dismiss filed by Jesse Patrick. Signed by Chief District Judge Louis Guirola, Jr. on 9/19/2016 (wld)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
THURMAN KIRKWOOD
v.

PLAINTIFF
CAUSE NO. 1:16CV119-LG-RHW

MARSHALL FISHER, ET AL.

DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION
AND DISMISSING DEFENDANT JESSE PATRICK
This cause comes before the Court on the Proposed Findings of Fact and
Recommendation of United States Magistrate Judge Robert Walker entered in this
cause on August 29, 2016. Magistrate Judge Walker conducted a screening hearing
on August 16, 2016, at which Plaintiff Kirkwood agreed to dismiss his claims
against Defendant Jesse Patrick. Plaintiff Kirkwood has not objected to the
Magistrate Judge’s recommendation that Patrick’s motion to dismiss should be
granted and the claims against Patrick dismissed. The Court finds that the
Proposed Findings of Fact and Recommendation is neither clearly erroneous nor
contrary to law. It will therefore be adopted as the opinion of this Court.
IT IS THEREFORE ORDERED AND ADJUDGED that the Proposed
Findings of Fact and Recommendation [42] of United States Magistrate Judge
Robert H. Walker entered in this cause on August 29, 2016 should be, and the same
hereby is, ADOPTED as the finding of this Court.
IT IS FURTHER ORDERED AND ADJUDGED that Defendant Jesse
Patrick’s Motion [38] to Dismiss is GRANTED. Plaintiff’s claims against Jesse
Patrick are hereby DISMISSED with prejudice.

SO ORDERED AND ADJUDGED this the 19th day of September, 2016.

s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
CHIEF U.S. DISTRICT JUDGE

-2-