Payne v. ACA et al

Filing 73

ORDER adopting 65 Report and Recommendation; granting 42 Motion to Dismiss. All defendants are dismissed from this case except Berry and Thornton. (Copy mailed to plaintiff at address listed on docket sheet.) Signed by District Judge Carlton W. Reeves on 3/25/2013. (AC)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION DAVID E. PAYNE PLAINTIFF v. CAUSE NO. 3:11-CV-389-CWR-FKB MARGARET BINGHAM, ET AL. DEFENDANTS ORDER ADOPTING REPORT AND RECOMMENDATION This matter is before the Court pursuant to the Report and Recommendation of United States Magistrate Judge F. Keith Ball entered on February 21, 2013, see Docket No. 65, which clearly notified the respective parties in the above-styled and numbered cause that failure to file written objections to the findings and recommendations contained therein within fourteen (14) days from the date of filing would bar further appeal in accordance with 28 U.S.C. ยง 636 and Fed. R. Civ. P. 72(b)(2). Plaintiff David E. Payne was granted an additional 14 days to file objections to the Report and Recommendation, see Docket No. 69, but no objection was received within the extended time period. Accordingly, the Court, finding that there has been no submission of written objections by any party, hereby adopts said Report and Recommendation as its own Order, and dismisses all defendants from this case except Berry and Thornton. SO ORDERED, this the 25th day of March, 2013. s/ Carlton W. Reeves UNITED STATES DISTRICT JUDGE

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