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)

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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

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