Jones v. Turner et al

Filing 55

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 54 Report and Recommendations, granting 49 Motion for Summary Judgment, filed by Anthony Beasley, Marshal Turner, Regina Reed, granting 45 Motion for Summary Judgment filed by Marquest Lindsey Signed by District Judge Louis Guirola, Jr. on 1/11/2021 (wld)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
KENDRICK MONICE JONES
v.

PETITIONER
CAUSE NO. 1:19-cv-217-LG-RPM

MARSHAL TURNER, ET AL.

RESPONDENTS

ORDER ADOPTING PROPOSED FINDINGS OF FACT AND
RECOMMENDATIONS
BEFORE THE COURT is the [54] Proposed Findings of Fact and
Recommendations entered by United Magistrate Judge Robert P. Myers, on
December 15, 2020. Judge Myers recommends that the [45] Motion for Summary
Judgment filed by Defendant Marquest Lindsey and the [49] Motion for Summary
Judgment filed by Defendants Anthony Beasley, Regina Reed, and Marshal Turner,
should be granted. Petitioner has not filed an objection to the Proposed Findings of
Fact and Recommendations and the time for filing an objection has expired.
Where no party has objected to the Magistrate Judge’s report and
recommendation, the Court need not conduct a de novo review of it. See 28 U.S.C. §
636(b)(1) (“A judge of the court shall make a de novo determination of those portions
of the report or specified proposed findings and recommendations to which objection
is made.”). In such cases, the Court need only satisfy itself that there is no clear
error on the face of the record. Douglass v. United Serv. Auto Ass’n, 79 F.3d 1415,
1420 (5th Cir. 1996). Having conducted the required review, the Court finds that
Judge Myers’ Proposed Findings of Fact and Recommendations is neither clearly

erroneous nor contrary to law. Defendants’ Motions for Summary Judgment are
hereby granted.
IT IS THEREFORE ORDERED AND ADJUDGED that the [54] Proposed
Findings of Fact and Recommendations entered by United Magistrate Judge Robert
P. Myers is ADOPTED as the opinion of the Court. The [45] Motion for Summary
Judgment filed by Defendant Marquest Lindsey is hereby GRANTED. Petitioner’s
claims against Defendant Marquest Lindsey are DISMISSED WITH
PREJUDICE.
IT IS FURTHER ORDERED AND ADJUDGED that the [49] Motion for
Summary Judgment filed by Defendants Anthony Beasley, Regina Reed, and
Marshal Turner is hereby GRANTED. Petitioner’s claims against Defendants
Anthony Beasley, Regina Reed, Marshal Turner, Joy Ross, and John Doe are
DISMISSED WITHOUT PREJUDICE.
SO ORDERED AND ADJUDGED this the 11th day of January, 2021.
s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
UNITED STATES DISTRICT JUDGE

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