Holton v. Evans et al

Filing 66

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 28 Motion for Summary Judgment filed by F. Shaw, 62 Report and Recommendations,, Marshall Fisher (Commissioner of MDOC) and F. Shaw (Warden at EMCF) terminated. Signed by District Judge Henry T. Wingate on 8/17/17 (MGB) (Copy of NEF and Order mailed to Plaintiff)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
JOHNNY MILTON HOLTON, #171577
vs.

PLAINTIFF
CIVIL ACTION NO.: 3:16-CV-625-HTW-LRA

WARDEN NORRIS HOGAN, et al.

DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION

This matter comes before this court pursuant to the Report and Recommendation of the
United States Magistrate Judge Linda Anderson [Docket No. 62]. Based upon the evidence therein
contained, this court, finds the Report and Recommendation well taken. Therefore, the Report and
Recommendation of the United States Magistrate Judge [Docket No. 62] is hereby ADOPTED as
the order of this court.
In accordance with this Order, Defendant Frank Shaw’s Motion for Summary Judgment
Based on Plaintiff’s Failure to Exhaust Administrative Remedies [Docket No. 28], joined in by
Defendant Marshall Fisher, is hereby GRANTED. Plaintiff’s Complaint shall be dismissed
without prejudice against Defendants Frank Shaw and Commissioner Marshall Fisher only.
SO ORDERED, this this 17th

day of August

, 2017.

s/ HENRY T. WINGATE
___
UNITED STATES DISTRICT COURT JUDGE