Johnson v. Hinds County Board, et al

Filing 158

ORDER ADOPTING REPORT AND RECOMMENDATION. Defendant Sheriff Malcolm McMillin's motion for summary judgment 115 is granted. Signed by District Judge Henry T. Wingate on 3/28/2012 (SM)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION

ROGER JOHNSON
vs.

PLAINTIFF
Civil Action No. 3:04-cv-393 HTW-FKB

WILLIE E. JOHNSON and
SHERIFF MALCOLM McMILLIN

DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the court pursuant to the Report and Recommendation of
United States Magistrate Judge Keith Ball. On March 13, 2012, the plaintiff asked for
additional time to file a surreply to the motion for summary judgment filed by Sheriff
Malcolm McMillin. Because of the filing of the Magistrate Judge’s Report and
Recommendation on March 7, 2012, this court denied the plaintiff’s motion for additional
time to file a surreply and instead ordered the plaintiff to respond to the Report and
Recommendation no later than Monday, March 26, 2012. As of this date, there has
been no response from the plaintiff. Therefore, this court, finding that there has been no
submission of written objections by any party, hereby adopts said Report and
Recommendation as the order of this court. Defendant Sheriff Malcolm McMillin’s
motion for summary judgment [docket # 115] is granted.
SO ORDERED, this the 28th day of March, 2012.

s/ HENRY T. WINGATE
UNITED STATES DISTRICT JUDGE