Adams v. Epps et al

Filing 187

ORDER adopting Report and Recommendation 93 and denying plaintiff's motion to proceed as partial class action 64 . Signed by Honorable David C. Bramlette, III on 4-1-09 (Ward, Edwin)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION LATRELL ADAMS VS. CHRISTOPHER EPPS, ET AL. PLAINTIFF CIVIL ACTION NO. 5:08-cv-154(DCB)(MTP) DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING MOTION TO PROCEED AS PARTIAL CLASS ACTION This cause is before the Court on the Report and

Recommendation of Magistrate Judge Michael T. Parker (docket entry 93), and on the plaintiff's motion to proceed as partial class action (docket entry 64). and recommendation, the Having carefully considered the report plaintiff's motion, the defendants'

response to the motion, and the plaintiff's objections to the report and recommendation, the Court finds as follows: In order to have his action certified as a class action, the plaintiff must meet the requirements of Rule 23(a) and (b) of the Federal Rules of Civil Procedure. In his motion and in his

objections to the Report and Recommendation, the plaintiff fails to show that any of these requirements are met. The Court adopts the

Report and Recommendation, which concludes that the plaintiff's motion should be denied. Accordingly,

IT IS HEREBY ORDERED that the Report and Recommendation of Magistrate Judge Michael T. Parker (docket entry 93), is adopted by the Court in its entirety; FURTHER ORDERED that the plaintiff Latrell Adams' motion to proceed as partial class action (docket entry 64) is DENIED.

SO ORDERED, this the 1st day of April, 2009.

/s/ David Bramlette UNITED STATES DISTRICT JUDGE

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