Winding v. Rutledge et al

Filing 171

ORDER DENYING 160 Motion to Arrest; DENYING 161 Motion to Reopen Case; and ADOPTING 162 Report and Recommendation. Signed by District Judge Carlton W. Reeves on 09/30/2015.(an)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
JAMES C. WINDING

PLAINTIFF

V.

CAUSE NO. 3:13-CV-289-CWR-FKB

T. EVANS AND E.L. SPARKMAN

DEFENDANTS

ORDER
Before the Court is the Report and Recommendation (R&R) of United States Magistrate
Judge F. Keith Ball. Docket No. 162. The Magistrate Judge recommends dismissing plaintiff’s
claims against defendants, denying plaintiff’s “motion to arrest judgment order,” and denying
plaintiff’s motion to reopen the case against three defendants he previously voluntarily
dismissed. Dockets Nos. 160-61. The plaintiff has objected. Docket Nos. 163-65.
The Court has reviewed de novo the portions of the R&R to which the plaintiff has
objected. Fed. R. Civ. P. 72(b)(3). The Court has also reviewed the plaintiff’s motions. It finds
that the plaintiff’s case should be dismissed.
First, the plaintiff presented as evidence grievances he filed in an effort to exhaust his
administrative remedies. The grievances, however, were filed subsequent to the filing of the
present complaint. Second, the Court finds that the plaintiff’s motions to arrest and reopen his
case are without merit.
Accordingly, the Report and Recommendation is adopted as this Court’s own, and the
plaintiff’s objections and motions are denied. A separate Final Judgment will issue this day.
SO ORDERED, this the 30th day of September, 2015.

s/ Carlton W. Reeves
UNITED STATES DISTRICT JUDGE