King v. King et al

Filing 31

ORDER denying 29 Motion to Dismiss; adopting 30 Report and Recommendations; granting in part and denying in part 24 Motion for Summary Judgment. Signed by District Judge Keith Starrett on 6/17/13 (scp) Modified on 6/18/2013 (scp).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
HATTIESBURG DIVISION
PATRICK LAMONT KING

PLAINTIFF

VS.

CIVIL ACTION NO. 2:12cv29-KS-MTP

RON KING, ET AL

DEFENDANTS
ORDER

THIS MATTER is before the Court on the Defendants’ Motion for Summary Judgment
[24], the Plaintiff’s Motion to Dismiss Summary Judgment [29], and upon the Report and
Recommendation [30] of the United States Magistrate Judge, Michael T. Parker, entered herein
on May 21, 2013, after referral of hearing by this Court, no objections having been filed as to the
Report and Recommendation, and the Court, having fully reviewed the same as well as the
record in this matter, and being duly advised in the premises, finds that said Report and
Recommendation should be adopted as the opinion of this Court.
IT IS, THEREFORE, ORDERED that the Report and Recommendation be, and the same
hereby is, adopted as the finding of this Court, and the Defendant’s Motion for Summary
Judgment as to Ron King is granted, and is further granted as to Plaintiff’s claim against
Roderick Evans in his official capacity. Said claims are hereby dismissed with prejudice. The
motion is denied as to Plaintiff’s claim against Roderick Evans for excessive force in his
individual capacity. A separate judgment will be entered herein in accordance with this Order as
required by Rule 58 of the Federal Rules of Civil Procedure.
IT IS FURTHER ORDERED that Plaintiff’s Motion to Dismiss Summary Judgment [29]
is denied.
SO ORDERED, this the 17th day of June, 2013.
s/ Keith Starrett
UNITED STATES DISTRICT JUDGE