Hogan v. Epps et al

Filing 106

ORDER adopting Report and Recommendations 95 ; denying 85 Motion for Summary Judgment. Signed by District Judge Daniel P. Jordan III on May 27, 2010. (eqh)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION BRIAN F. HOGAN V. CHRISTOPHER EPPS, ET AL. ORDER This cause is before the Court on the Report and Recommendation of Magistrate Judge F. Keith Ball. Judge Ball recommended denial of Plaintiff's motion for summary judgment. Specifically, Judge Ball noted that the Court had previously considered Defendants' motion for summary judgment and concluded that several material, disputed factual issues with regard to Plaintiff's due process claim existed. The undersigned agrees that denial of Plaintiff's motion for summary judgment is appropriate. Moreover, Plaintiff has not filed an objection to the Report and Recommendation, and the time to do so has now passed. IT IS, THEREFORE, ORDERED that the Report and Recommendation of United States Magistrate Judge F. Keith Ball, and the same is hereby, adopted as the finding of this Court, and Plaintiff's motion for summary judgment should be denied. SO ORDERED AND ADJUDGED this the 27th day of May, 2010. s/ Daniel P. Jordan III UNITED STATES DISTRICT JUDGE PLAINTIFF CIVIL ACTION NO. 3:07CV616 DPJ-FKB DEFENDANTS