Causey v. Carlton et al

Filing 98

ORDER adopting 94 Report and Recommendations; denying 78 Motion to Dismiss. Signed by District Judge Carlton W. Reeves on 4/6/2020. (AD)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
RANDALL B. CAUSEY
V.

PLAINTIFF
CAUSE NO. 3:18-CV-181-CWR-LRA

A.W. CARLTON, et al.

DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court pursuant to the Report and Recommendation (R&R) of
United States Magistrate Judge Linda R. Anderson, which was signed and entered on February 20,
2020. Docket No. 94. The R&R recommends denying the United States’ motion to dismiss and
for the case to proceed to the discovery phase.
Having considered said R&R, the government’s objections thereto, applicable statutory
and case law, and being otherwise fully advised in the premises, the Court concludes that there has
been no showing that the decision is clearly erroneous or contrary to law. See Fed. R. Civ. P. 72.
The United States’ objection is without merit. Therefore, this Court hereby adopts, as its own
opinion, the R&R of the Magistrate Judge.
Accordingly, the government’s motion to dismiss is denied without prejudice. Plaintiff
Causey has 60 days after entry of this Order to secure counsel. If Causey cannot obtain counsel,
he may proceed pro se if he so chooses. As noted in the R&R, the United States may file a motion
for summary judgment if it contends that Plaintiff has failed to comply with the requirements of
the law at the appropriate time.
SO ORDERED, this the 6th day of April, 2020.

s/ Carlton W. Reeves
UNITED STATES DISTRICT JUDGE