Paul v. Rigel et al
Filing
39
ORDER, that the 38 Report and Recommendation be, and the same hereby is, adopted as the finding of this Court. A separate Judgment will be entered herein in accordance with this Order. Signed by District Judge Keith Starrett on 8/11/2016. (CS)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
EASTERN DIVISION
TIMOTHY WAYNE PAUL, JR.
VS.
CIVIL ACTION NO. 2:16cv5-KS-MTP
SHERIFF DANNY RIGEL, ET AL
ORDER ADOPTING REPORT AND RECOMMENDATION
This cause came on this date to be heard upon the Report and Recommendation
of the United States Magistrate Judge entered herein on July 26, 2016, 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 it is ordered as follows:
That Plaintiff’s claims regarding food and drink provided at the jail are dismissed
with prejudice;
That Plaintiff’s claims regarding the alleged denial of a reasonable bond and
speedy trial are dismissed with prejudice until the Heck conditions are met;
That Plaintiff’s claims regarding the recreation claims are dismissed with
prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(I) and this dismissal shall count as a
strike pursuant to 28 U.S.C. § 1915(g); and
That Plaintiff’s claims regarding protective custody and the medical unit are
dismissed with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
A separate Judgment will be entered herein in accordance with this order as
required by Rule 58 of the Federal Rules of Civil Procedure.
SO ORDERED, this the 11th day of August, 2016.
s/Keith Starrett
UNITED STATES DISTRICT JUDGE
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