Mack v. Mississippi Department of Corrections et al

Filing 49

ORDER granting 33 Motion for Summary Judgment; granting 35 Motion for Summary Judgment; granting 37 Motion for Summary Judgment; granting 41 Motion for Summary Judgment; adopting 44 Report and Recommendations; denying 48 Motion for Reconsideration for the reasons stated in the order. The Report and Recommendation of United States Magistrate Judge F. Keith Ball is hereby adopted as the finding of this Court, and the entire action should be dismissed without prejudice. A judgment will be entered in a separate docket entry to follow. Signed by District Judge Daniel P. Jordan III on September 30, 2013. (SP)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
EASTERN DIVISION
JAMES LEE MACK, JR.

PLAINTIFF

v.

CIVIL ACTION NO. 4:13cv6-DPJ-FKB

MISSISSIPPI DEPARTMENT OF
CORRECTIONS, et al.

DEFENDANTS

ORDER
This § 1983 conditions-of-confinement case is before the Court on the Report and
Recommendation [44] of the United States Magistrate Judge, after referral of hearing by this
Court. Also before the Court is Petitioner James Lee Mack, Jr.’s Motion for Reconsideration
[48]. In his motion for reconsideration, Mack urges the Court to reconsider its previous ruling
denying appointment of counsel [17] “due to the present conditions of my confinement.” The
Court has reviewed the record, including Magistrate Judge Ball’s order denying appointment of
counsel, and concludes that reconsideration is not warranted. See Swans v. Caskey, No. 5:10cvDCB-MTP, 2010 WL 3120029, at *1 (S.D. Miss. Aug. 4, 2010) (“[G]ranting a motion for
reconsideration ‘is an extraordinary remedy and should be used sparingly.’” (citing In re
Pequeno, 240 F. App’x 634, 646 (5th Cir. 2007)) (additional citation omitted)).
In his Report and Recommendation, Magistrate Judge Ball recommended that
Defendants’ Motions for Summary Judgment [33, 35, 37, 41] be granted and that Mack’s claims
be dismissed without prejudice for failure to exhaust administrative remedies. Mack did not file
an Objection to the Report and Recommendation, and the time to do so has now passed. The
Court, having fully reviewed the unopposed Report and Recommendation of the United States
Magistrate Judge entered in this cause, and being duly advised in the premises, finds that said

Report and Recommendation should be adopted as the opinion of this Court.
IT IS, THEREFORE, ORDERED that the Report and Recommendation of United States
Magistrate Judge F. Keith Ball be, and the same is hereby, adopted as the finding of this Court,
and the same entire action should be dismissed without prejudice. Further, Mack’s motion to
reconsider is denied.
SO ORDERED AND ADJUDGED this the 30th day of September, 2013.
s/ Daniel P. Jordan III
UNITED STATES DISTRICT JUDGE

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