Johnson v. Epps et al

Filing 34

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 33 Report and Recommendations. The court grants 24 Motion for Qualified Immunity-Related Discovery to the extent specified in the Magistrate's report; denying 15 Motion for Summary Judgment without prejudice to their right to re-file it after discovery is complete; and 8 finds as moot Motion to Dismiss based on Eleven Amendment immunity. Signed by District Judge Henry T. Wingate on 9/19/14 (TRS)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
Deena Johnson, as Representative of
the Estate and Wrongful Death Heirs of
Sammy O’Neal Johnson
V.

PLAINTIFF
CIVIL ACTION NO. 3:14CV25 HTW-LRA

CHRISTOPHER EPPS, EARNEST LEE,
JAMES HOLMAN, WEXFORD HEALTH
SOURCES, INC., LISA DAY, DR. GLORIA
PERRY, AND JANE DOES 1-10

DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION

This matter is before the court pursuant to the Report and Recommendation of
United States Magistrate Judge Linda Anderson [Doc. 33]. Finding that there has been no
submission of written objections by any party, the court hereby adopts said Report and
Recommendation as the order of this court. Accordingly, the court grants the plaintiff’s
motion for qualified immunity-related discovery under F.R.C.P. 56(d) [Doc. 24] to the
extent specified in the Magistrate’s report. The court denies the defendants’ motion for
summary judgment based on qualified immunity [Doc. 15] without prejudice to their right
to re-file it after discovery is complete. Further, the court finds moot the defendants’
motion to dismiss based on Eleventh Amendment immunity [Doc. 8].

SO ORDERED, THIS THE 19th DAY OF September, 2014.

s/ HENRY T. WINGATE
UNITED STATES DISTRICT JUDGE