Edmonson v. Sollie et al

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS 17 - Signed by District Judge Henry T. Wingate on 6/23/2014 (ND)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
KENNY FRANKLIN EDMONSON
PETITIONER
vs.

CIVIL ACTION NO. 3:14-CV-68 HTW-LRA

BILLIE SOLLIE AND JIM HOOD

RESPONDENTS

ORDER ADOPTING REPORT AND RECOMMENDATION
This matter comes on pursuant to the Report and Recommendation of United
States Magistrate Judge Linda R. Anderson and the written objection to the proposed
findings and recommendation. Based upon the evidence therein contained, this court,
having given full consideration to the aforesaid objection, finds the same not well taken.
The respondents also have informed this court that the Mississippi state charges
against the petitioner, of which the petitioner complained were not being speedily
prosecuted, have been nolle prossed. Thus, the petitioner’s claims are rendered moot.
Therefore, the Report and Recommendation of the United States Magistrate Judge is
hereby adopted as the order of this court and the court hereby dismisses plaintiff’s
claims against the defendant with prejudice for failure to state a claim and for failure to
exhaust available state remedies.
SO ORDERED AND ADJUDGED, this the 23rd day of June, 2014.
s/ Henry T. Wingate
UNITED STATES DISTRICT JUDGE