Burgess v. Little et al

Filing 50

ORDER adopting 46 Report and Recommendations re 42 Motion for Summary Judgement. Signed by District Judge Tom S. Lee on 02/25/19 (KNS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
MARK ANTHONY BURGESS,
MDOC # 77647
VS.

PLAINTIFF
CIVIL ACTION NO. 3:17CV63TSL-JCG

MR. O LITTLE, ET AL.

DEFENDANTS
ORDER

This cause is before the court on the report and
recommendation of Magistrate Judge John C. Gargiulo entered on
January 30, 2019, recommending that defendants’ motion for summary
judgment be granted and plaintiff’s complaint be dismissed.
Plaintiff has filed an objection.

Having reviewed the report and

recommendation and plaintiff’s objection, the court concludes that
the objection is overruled 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 Judge John C.
Gargiulo entered on January 30, 2019, be, and the same is hereby,
adopted as the finding of this court.

Accordingly, it is further

ordered that defendants’ motion for summary judgment is granted and
plaintiff’s complaint is dismissed.
A separate judgment will be entered in accordance with Rule 58
of the Federal Rules of Civil Procedure.
SO ORDERED this 25th day of February, 2019.
/s/Tom S. Lee
UNITED STATES DISTRICT JUDGE