Bevill v. Epps et al

Filing 33

ORDER adopting 31 Report and Recommendations. Signed by District Judge Carlton W. Reeves on 3/14/2014. (kf)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
RANDY BEVILL

PLAINTIFF

v.

CIVIL ACTION NO. 3:12cv537-CWR-FKB

CHRISTOPHER EPPS, et al.

DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on Plaintiff’s Objection to the Report and
Recommendation of United States Magistrate F. Keith Ball entered on February 20, 2014,
dismissing Plaintiff’s Complaint after considering Plaintiff’s allegations, his various filings
including his response to the motion for summary judgment and receiving Plaintiff’s testimony
at an omnibus hearing. Having considered said Report and Recommendation, the Plaintiff’s
objections thereto, applicable statutory and case law, and being otherwise fully advised in the
premises, the Court concludes that Plaintiffs’ objection is without merit and hereby adopts, as its
own opinion, the report and recommendation of the magistrate judge.
Based on the foregoing, it is ordered that the report and recommendation of United States
Magistrate F. Keith Ball entered on February 20, 2014, and the same is hereby, adopted as the
finding of this Court. The Complaint in this matter shall be dismissed with prejudice.
Because this case is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(I), it will be
counted as a “strike” pursuant to 28 U.S.C. § 1915(g). A separate judgment will be entered in
accordance with Rule 58 of the Federal Rules of Civil Procedure.
SO ORDERED AND ADJUDGED, this the 14th day of March, 2014.

s/ Carlton W. Reeves
UNITED STATES DISTRICT JUDGE

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