Bell v. Rushing et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS 67 - IT IS THEREFORE ORDERED that the October 24, 2017, Report and Recommendation of United States Magistrate Judge John C. Gargiulo 67 , is hereby adopted as the ruling of this Court. IT IS FURTHER ORDERED that the Motion of Defendants for Summary Judgment 45 is hereby granted. A Final Judgment dismissing this case, without prejudice, shall be entered this day. Signed by District Judge William H. Barbour, Jr. on 11/14/2017 (ND)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
KENDRICK MARQUES BELL
CIVIL ACTION NO. 3:16-cv-718-WHB-JCG
MARY RUSHING, ET AL.
OPINION AND ORDER
Recommendation (“R and R”) of United States Magistrate Judge John
After considering the R and R1 and the other
pleadings in this case, the Court finds it should be adopted in its
In September of 2016, Kendrick Marques Bell (“Bell”) filed a
lawsuit in this Court alleging that his constitutional rights were
violated while he was detained at the Hinds County Detention
The parties were required to file objections to the R and
R on or before November 7, 2017. No objections were filed.
The Docket shows that beginning in September of 2017,
several Orders sent by the Clerk of Court to Plaintiff’s last
known address were returned “undeliverable”. Plaintiff has not
made any attempt to notify the Court of his current address even
though he was expressly and repeatedly warned that the failure to
do so could result in the dismissal of his lawsuit. See e.g.
Orders [Docket Nos. 3, 8, 10, and 12]. Additionally, a search of
the Mississippi Department of Corrections database did not reveal
Plaintiff’s current location.
Through his Complaint, Bell sought compensatory damages
and injunctive relief under 42 U.S.C. § 1983. During the course of
litigation, the defendants moved for summary judgment on the
grounds that Bell had not exhausted his administrative remedies as
required to proceed on his Section 1983 claims.
The matter came before United States Magistrate Judge John C.
Gargiulo who entered the R and R that is presently before the
In his R and R, Judge Gargiulo found that there did not
exist a genuine issue of material fact as to whether Bell had
exhausted his administrative remedies as required by the Prison
Litigation Reform Act before filing his lawsuit.
This finding was
based on unrefuted evidence that Bell had not filed any grievances
with respect to his pretrial detention until after his lawsuit had
been filed in this Court.
See R and R [Docket No. 67], 5-6.
finding that Bell had not exhausted his administrative remedies as
required, Judge Gargiulo recommended that the Motion of Defendants
for Summary Judgment be granted, and that Bell’s lawsuit be
dismissed without prejudice.
Id. at 7.
After reviewing the R and R, to which no objections have been
filed, as well as the other pleadings in this case, the Court
agrees that summary judgment should be granted in favor of the
defendants, and that Bell’s lawsuit should be dismissed without
As Bell is proceeding pro se, the allegations in his
pleadings have been liberally construed. See United States v.
Wilkes, 20 F.3d 651, 653 (5th Cir. 1994).
prejudice, for the reasons given by Judge Gargiulo.
the Court will adopt Judge Gargiulo’s R and R in its entirety.
For the foregoing reasons:
IT IS THEREFORE ORDERED that the October 24, 2017, Report and
Recommendation of United States Magistrate Judge John C. Gargiulo
[Docket No. 67], is hereby adopted as the ruling of this Court.
IT IS FURTHER ORDERED that the Motion of Defendants for
Summary Judgment [Docket No. 45] is hereby granted.
A Final Judgment dismissing this case, without prejudice,
shall be entered this day.
SO ORDERED this the 14th day of November, 2017.
s/ William H. Barbour, Jr.
UNITED STATES DISTRICT JUDGE
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