Torns v. State of Mississippi et al

Filing 37

ORDER ADOPTING 31 REPORT AND RECOMMENDATIONS, dismissing Judge W. Swan Yerger as a defendant on account of his judicial immunity. Signed by District Judge Tom S. Lee on 10/3/11 (LWE)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION
CHARLES TORNS, JR.

PLAINTIFF

VS.

CIVIL ACTION NO. 3:10CV260TSL-MTP

STATE OF MISSISSIPPI, ET AL.

DEFENDANTS

This cause is before the court on the objection of plaintiff
Charles Torns, Jr. to the magistrate judge’s report and
recommendation entered on August 26, 2011, which recommended that
defendant Judge W. Swan Yerger be dismissed on account of
judicial immunity.

Having reviewed plaintiff’s submission, the

court now concludes that plaintiff’s objection is without merit
and hereby adopts, as its own opinion, the magistrate judge’s
report and recommendation.
Based on the foregoing, it is ordered that the report and
recommendation of United States Magistrate Michael T. Parker
entered on or about August 26, 2011, be, and the same is hereby,
adopted as the finding of this court.

Accordingly, Judge W. Swan

Yerger is dismissed as a defendant on account of his judicial
immunity.
SO ORDERED this 3rd day of October, 2011.

/s/ Tom S. Lee______________
UNITED STATES DISTRICT JUDGE