Blanks v. Biyd

Filing 43

ORDER granting 34 Motion for Summary Judgment; adopting Report and Recommendations re 41 Report and Recommendations. Signed by Honorable David C. Bramlette, III on 3/25/2014 (ECW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
AMOS BLANKS

PLAINTIFF

VS.

CIVIL ACTION NO. 5:12-cv-112(DCB)(MTP)

ETHEL CLAIBORNE and
DANNY JONES

DEFENDANTS
ORDER

This cause is before the Court on the defendants Ethel
Claiborne and Danny Jones’ motion for summary judgment (docket
entry 34), on the Report and Recommendations of Magistrate Judge
Michael T. Parker (docket entry 41), and on the “Objections”
thereto of the plaintiff Amos Blanks (docket entry 42).

Having

carefully considered same, the Court finds as follows:
The plaintiff, Amos Blanks, is a post-conviction inmate at
South Mississippi Correctional Institute (“SMCI”) in Leakesville,
Mississippi.

The events giving rise to this lawsuit took place

while he was housed at Wilkinson County Correctional Facility
(“WCCF”)

in

Woodville,

Mississippi.

In

his

complaint,

the

plaintiff asserts that he was attacked and stabbed by other WCCF
inmates on or about December 3, 2011.

He asserts that defendants

Jones and Claiborne are responsible for his injuries because they
failed to protect him from the inmates.

The defendants seek

summary judgment based on the plaintiff’s failure to exhaust
administrative remedies before initiating this lawsuit.
In response to the defendants’ motion for summary judgment,

the plaintiff claimed that he was prevented from exhausting his
administrative remedies by prison officials, and should therefore
be excused from the exhaustion requirement.

Magistrate Judge

Parker found that argument to be without merit.

Now, in his

“Objections” to the Report and Recommendation, the plaintiff has
abandoned that claim and concedes that summary judgment should be
granted in favor of the defendants.
exhaust his administrative remedies.

He states his intention to
The Court shall therefore

adopt Magistrate Judge Parker’s Report and Recommendations and
dismiss the claims against defendants Claiborne and Jones without
prejudice.1

A final judgment shall follow.

Accordingly,
IT IS HEREBY ORDERED that the Report and Recommendations of
Magistrate Judge Michael T. Parker (docket entry 41) is ADOPTED as
the findings and conclusions of this Court;
FURTHER ORDERED that defendants Ethel Claiborne and Danny
Jones’ motion for summary judgment (docket entry 34) is GRANTED;
FURTHER ORDERED that the claims against defendants Claiborne
and Jones are DISMISSED WITHOUT PREJUDICE.
SO ORDERED, this the 25th day of March, 2014.
/s/ David Bramlette
UNITED STATES DISTRICT JUDGE
1

Defendants Warden Byd and Charles Stewart were previously
dismissed from this action with prejudice. See Order of October
3, 2012 (docket entry 19).
2