Spears v. MTC Corp CEOs et al

Filing 26

ORDER adopting 24 Report and Recommendation of United States Magistrate Judge F. Keith Ball as the finding of this Court. Spears' claims against Defendants Marquardt, Hogans, Thomas, and Arnita are dismissed with prejudice. Signed by District Judge Daniel P. Jordan III on September 30, 2015. (SP)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
MARION CHAD SPEARS

PLAINTIFF

v.

CIVIL ACTION 3:15cv119-DPJ-FKB

JANE MARQUARDT, et al.

DEFENDANTS
ORDER

This pro se prisoner action brought under 42 U.S.C. § 1983 is before the Court on the
Report and Recommendation [24] of the United States Magistrate Judge. United States
Magistrate Judge F. Keith Ball recommends dismissal of Marion Spears’ § 1983 claim against
Jane Marquardt, N. Hogans, Vernell Thomas, and Issa Arnita. Spears did not file and Objection
to the Report and Recommendation, and the time to do so has passed. The Court finds that the
recommendation to dismiss the Defendants should be adopted. Plaintiff states no facts that
would entitle him to relief against these Defendants and therefore has failed to state a claim
under Rule 12(b)(6).
IT IS, THEREFORE, ORDERED that the Report and Recommendation of United States
Magistrate Judge F. Keith Ball be, and the same is hereby, adopted as the finding of this Court.
Spears’ claims against Defendants Marquardt, Hogans, Thomas, and Arnita are dismissed with
prejudice.
SO ORDERED AND ADJUDGED this the 30th day of September, 2015.
s/ Daniel P. Jordan III
UNITED STATES DISTRICT JUDGE