Rasheed v. Hall et al

Filing 53

ORDER granting 48 Motion for Summary Judgment; adopting Report and Recommendations re 52 Report and Recommendations as the opinion of this Court. Plaintiff's claims are dismissed without prejudice. Signed by District Judge Louis Guirola, Jr. on 1/11/22. (RLW)

Case 1:20-cv-00071-LG-RPM Document 53 Filed 01/11/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
AKEEM ABDULLAH RASHEED
v.

PLAINTIFF
CAUSE NO. 1:20CV71-LG-RPM

PELICIA HALL, et al.

DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION
AND GRANTING MOTION FOR SUMMARY JUDGMENT
BEFORE THE COURT is the [52] Report and Recommendation entered by
United States Magistrate Judge Robert P. Myers entered on December 15, 2021.
Magistrate Judge Myers reviewed the Defendants’ [48] Motion for Summary
Judgment and determined that it should be granted based on Plaintiff’s failure to
exhaust administrative remedies, except for those claims against Defendants
Pelicia Hall and Andrew Mills. The Plaintiff did not file a response to the
Defendants’ Motion for Summary Judgment, nor has he filed an objection to the
Report and Recommendation.
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). After a review of this matter, the Court finds that Judge
Myers’ Report and Recommendation is neither clearly erroneous nor contrary to

Case 1:20-cv-00071-LG-RPM Document 53 Filed 01/11/22 Page 2 of 2

law. The Defendants’ Motion for Summary Judgment is granted, and the Plaintiff’s
claims be dismissed without prejudice based on his failure to exhaust
administrative remedies, except for claims against Defendants Pelicia Hall and
Andrew Mills.
IT IS THEREFORE ORDERED AND ADJUDGED that the [52] Report
and Recommendation entered by United States Magistrate Judge Robert P. Myers
entered on December 15, 2021, is hereby ADOPTED as the opinion of this Court.
IT IS FURTHER ORDERED AND ADJUDGED that the [48] Motion for
Summary Judgment filed by the Defendants is GRANTED. Plaintiff’s claims are
DISMISSED WITHOUT PREJUDICE.
SO ORDERED AND ADJUDGED this the 11th day of January, 2022.
s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
UNITED STATES DISTRICT JUDGE

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