Winding v. Colbert et al

Filing 49

ORDER ADOPTING 46 REPORT AND RECOMMENDATIONS; granting 24 motion to dismiss filed by Pamela Ferrington; denying 28 Motion to Strike; denying 26 Motion to Continue, Motion to Dismiss, Motion for Miscellaneous Relief filed by James C. Winding ; denying 48 Motion for Extension of Time; granting 21 Motion to Dismiss filed by Natchez Police Department; denying 16 Motion for Miscellaneous Relief filed by James C. Winding; granting 8 Motion to Dismiss filed by Christopher Epps, Ronnie Harper, Lillie Blackmon Sanders; granting 17 Motion to Dismiss filed by Kevin Colbert; denying 30 Motion to Strike, filed by James C. Winding; denying 15 Motion for Extension of Time; denying 25 Motion for Summary Judgment; deny ing 29 Motion to Amend/Correct filed by James C. Winding; granting 12 Motion to Dismiss filed by Adams County Jail; granting 10 Motion to Dismiss filed by Adams County Jail; denying 32 Motion to Amend/Correct filed by James C. Windi ng; denying 27 Motion for Miscellaneous Relief filed by James C. Winding; denying 14 Motion for Order to Show Cause filed by James C. Winding. A separate judgment shall be entered. Signed by District Judge Tom S. Lee on 12/19/13. (copy mailed to plaintiff #K8115, EMCF, 10641 Hwy 80 West, Meridian, MS 39307) (LWE) Modified on 12/19/2013 (LWE).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION
JAMES WINDING #K8115
VS.

PLAINTIFF
CIVIL ACTION NO. 3:13CV101TSL-JMR

KEVIN COLBERT, ET AL.

DEFENDANTS
ORDER

This cause is before the court on the report and
recommendation of Magistrate Judge John M. Roper entered on
November 19, 2013, recommending that the various defendants’
motions to dismiss be granted and that plaintiff’s many motions be
denied.

On November 25, 2013, pursuant to the mailbox rule,

plaintiff filed a “motion to respond”1 whereby he appears to lodge
a brief, unmeritorious substantive objection to report and
recommendation.

Having reviewed the report and recommendation,

the court concludes that the report and recommendation is well
reasoned and should be adopted as the court’s own opinion.
Based on the foregoing, it is ordered that the report
and recommendation of United States Magistrate John M. Roper
entered on November 19, 2103, be, and the same is hereby, adopted
as the opinion of this court.

Accordingly, it is further ordered

that the motions to dismiss filed by the State Defendants, Adams

1

The Clerk of the Court docketed plaintiff’s motion as a
motion for an extension of time. To the extent that by the
filing, plaintiff sought an extension of time, the motion is
denied as it fails to present any basis for an extension.

County, Mississippi, Adams County Jail, Kevin Colbert, the Natchez
Police Department and Pamela Ferrington are granted. It is further
ordered that plaintiff’s motions for an order to show cause, to
extend time to reply to Adams County’s motion to dismiss, to issue
federal habeas corpus, for summary judgment, to continue, for
injunctive relief, to strike and to amend are denied.

Finally, it

is ordered that any remaining claims against any remaining
defendants are dismissed on the basis of res judicata as set forth
in the court’s opinion.2
A separate judgment shall be entered in accordance with Rule
58 of the Federal Rules of Civil Procedure.
SO ORDERED this the 19th day of December, 2013.

/s/Tom S. Lee
UNITED STATES DISTRICT JUDGE

2

The court notes that it does not appear that Winding has
achieved service of process upon either the United States
Department of Justice or defendant Craig Godbold. These
defendants are subject to dismissal under Rule 4(m) of the Federal
Rules of Civil Procedure.
2