Busick v. Hatten et al

Filing 48

ORDER adopting Report and Recommendations re 46 Report and Recommendations. Dismissal of this case is required under Rule 25(a)(1) of the Federal Rules of Civil Procedure. A Final Judgment dismissing this case without prejudice shall be entered this day. Signed by District Judge William H. Barbour, Jr on 7-19-11 (Lewis, Nijah)

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

PLAINTIFF

VS.

CIVIL ACTION NO. 3:10-cv-190-WHB-FKB

MIKE HATTEN, ET AL.
OPINION AND ORDER
This

cause

is

before

the

Court

on

the

Report

and

Recommendation of United States Magistrate Judge F. Keith Ball.
After considering the Report and Recommendation1 and the other
pleadings

in

this

case,

the

Court

finds

the

Report

and

Recommendation should be adopted as the finding of this Court.

I.

Discussion

On April 6, 2010, Plaintiff, William Busick (“Busick”), who
was then an inmate at the South Mississippi Correction Institution,
filed this lawsuit alleging that various prison officials had
violated his constitutional rights by failing to provide him
appropriate medical care.
Busick’s Death was recorded.

On March 8, 2011, a Suggestion of
See Suggestion [Docket No. 44].

On

June 21, 2011, Judge Ball entered a Report and Recommendation (“R
& R”) recommending that the case be dismissed pursuant to Rule

1

The parties were required to file objections to Judge
Ball’s Report and Recommendation on or before July 5, 2011. No
objections were filed.

25(a)(1) of the Federal Rules of Civil Procedure as (1) more than
ninety days had elapsed since the Suggestion of Death was filed,
and (2) no individual had moved to be substituted for Busick in
this case.

See R & R [Docket No. 46].

No objections to Judge

Ball’s findings or recommendations were filed.
After reviewing Judge Ball’s R & R, the Court is satisfied
that there is no clear error in his findings.

Accordingly, Judge

Ball’s findings and recommendations will be adopted by the Court.
For the foregoing reasons:
IT IS THEREFORE ORDERED that the June 21, 2011, Report and
Recommendation of United States Magistrate Judge F. Keith Ball
[Docket No. 46], is hereby adopted as the finding of this Court.
IT IS FURTHER ORDERED that dismissal of this case is required
under Rule 25(a)(1) of the Federal Rules of Civil Procedure.

A

Final Judgment dismissing this case without prejudice shall be
entered this day.
SO ORDERED this the 19th day of July, 2011.

s/ William H. Barbour, Jr.
UNITED STATES DISTRICT JUDGE

2