Johnson v. Peterson et al

Filing 58

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 49 Report and Recommendations, as the opinion of this Court. Plaintiff's claims brought pursuant to 42 USC Sec 1983 are dismissed with prejudice. All remaining state law claims are dismissed without prejudice. Signed by District Judge Louis Guirola, Jr. on 1/7/22. (RLW)

Case 1:21-cv-00256-LG-RHWR Document 58 Filed 01/07/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
DARYL FITZGERALD
JOHNSON
v.

PLAINTIFF
CAUSE NO. 1:21CV256-LG-RHWR

TROY PETERSON, ET AL.

DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION
BEFORE THE COURT is the [49] Report and Recommendation entered by
United States Magistrate Judge Robert H. Walker. Magistrate Judge Walker
recommends that the Court grant the Defendants’ [4, 6, 8, 13] Motions to Dismiss,
and that Plaintiff’s federal law claims should be dismissed with prejudice as Heckbarred, and a strike be imposed under 28 U.S.C. § 1915(g). At the time Magistrate
Judge Walker entered the Report and Recommendation, he also recommended the
Court to decline exercising supplemental jurisdiction over Plaintiff’s remaining
state law claims. Plaintiff has submitted written objections to the Report and
Recommendation.
When a party objects to a report and recommendation, the Court is required
to conduct a de novo review of that portion of the report that draws objection from
any party. 28 U.S.C. § 636(b). The Court must independently examine the record
and assess the applicable law. The district court may accept, reject, or modify, in
whole or in part, the magistrate judge’s findings or recommendations. Garcia v.
Boldin, 691 F.2d 1172, 1179 (5th Cir. 1982). Here, Plaintiff objects to the Report

Case 1:21-cv-00256-LG-RHWR Document 58 Filed 01/07/22 Page 2 of 2

and Recommendation in its entirety and reemphasizes in further the detail the facts
regarding his claims previously made in the underlying Complaint. Having
conducted a de novo review of the Report and Recommendation, the Court concludes
that Magistrate Judge Walker’s findings and conclusions are correct. Thus, the
Complaint must be dismissed with prejudice until the conditions established in
Heck have been satisfied. The Court further declines to exercise supplemental
jurisdiction over any remaining state law claims raised by Plaintiff.
IT IS THEREFORE ORDERED AND ADJUDGED that the [49] Report
and Recommendation entered by United States Magistrate Judge Robert H.
Walker, is ADOPTED as the opinion of this Court. Plaintiff’s claims brought
pursuant to 42 U.S.C. § 1983 are DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED AND ADJUDGED, that all remaining state
law claims are DISMISSED WITHOUT PREJUDICE.
SO ORDERED AND ADJUDGED this the 7th day of January, 2022.
s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
UNITED STATES DISTRICT JUDGE

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