Culbert v. Bryant et al

Filing 51

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Court adopts 50 Report and Recommendations it as its opinion. Bryant's motion to dismiss 37 is granted, and this case is dismissed with prejudice. Culbert's motions to subpoena witnesses 23 and to amend 32 are denied as moot. A separate judgment will be entered in accordance with Federal Rule of Civil Procedure 58. Signed by Chief District Judge Daniel P. Jordan, III on 9/8/2020 (VM)

Case 3:19-cv-00419-DPJ-FKB Document 51 Filed 09/08/20 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
JIMMY CULBERT
V.

PLAINTIFF
CIVIL ACTION NO. 3:19-CV-419-DPJ-FKB

PHIL BRYANT, IN HIS
INDIVIDUAL CAPACITY

DEFENDANT

ORDER
Plaintiff Jimmy Culbert is an inmate in the custody of the Mississippi Department of
Corrections who was convicted of a sex offense. He brings this suit under 42 U.S.C. § 1983
challenging a series of Mississippi statutes that make sex offenders ineligible for earned-time
allowance, earned release, parole, and trusty-time allowance. Defendant Phil Bryant moved to
dismiss [37], and United States Magistrate Judge F. Keith Ball recommended [50] that the Court
grant that motion for Culbert’s failure to state a claim. Culbert did not file objections to Judge
Ball’s R&R, and the time to do so has now expired.
Having reviewed the unopposed R&R, the Court adopts it as its opinion. Bryant’s
motion to dismiss [37] is granted, and this case is dismissed with prejudice. Culbert’s motions to
subpoena witnesses [23] and to amend [32] are denied as moot. A separate judgment will be
entered in accordance with Federal Rule of Civil Procedure 58.
SO ORDERED AND ADJUDGED this the 8th day of September, 2020.
s/ Daniel P. Jordan III
CHIEF UNITED STATES DISTRICT JUDGE