Randle v. Montgomery et al

Filing 35

ORDER ADOPTING 33 REPORT AND RECOMMENDATIONS, dismissing complaint with prejudice for failure to prosecute. A separate judgment will be entered. Signed by District Judge Tom S. Lee on 5/19/15 (copy mailed to Derrick Randle at 509 Andrews Street, Apt. C, Lexington, MS 39095)(LWE)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION DERRICK RANDLE VS. PLAINTIFF CIVIL ACTION NO. 3:14CV235TSL-JCG DUANE MONTGOMERY, ET AL. DEFENDANTS ORDER This cause is before the court on the report and recommendation of Magistrate Judge John C. Gargiulo entered on April 24, 2015, recommending that plaintiff’s complaint be dismissed for failure to prosecute. Plaintiff Derrick Randle has not filed objections and the time for doing so has since expired. Having reviewed the report and recommendation, the court concludes that the motions are well taken and hereby adopts, as its own opinion, the magistrate judge’s report and recommendation. Based on the foregoing, it is ordered that the report and recommendation of United States Magistrate John C. Gargiulo entered on April 24, 2015, be, and the same is hereby, adopted as the finding of this court, such that the complaint is dismissed with prejudice for failure to prosecute. A separate judgment will be entered in accordance with Rule 58 of the Federal Rules of Civil Procedure. SO ORDERED this 19th day of May, 2015. /s/ Tom S. Lee UNITED STATES DISTRICT JUDGE 2

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