Ward v. Byrd et al

Filing 58

ORDER granting 44 Motion for Summary Judgment; adopting Report and Recommendations 52 . Signed by Honorable David C. Bramlette, III on 2/23/2015 (ECW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
ALPHONSO T. WARD
VS.

PLAINTIFF
CIVIL ACTION NO. 5:12-cv-165(DCB)(MTP)

JESSICA WILLIAMS

DEFENDANT
ORDER

This cause is before the Court on the defendant Jessica
Williams’ motion for summary judgment (docket entry 44), on the
Report and Recommendations of Magistrate Judge Michael T. Parker
(docket entry 52), and on the “Objections” thereto of the plaintiff
Alphonso T. Ward (docket entry 53).

Having carefully considered

same, the Court finds as follows:
The plaintiff filed his pro se Complaint pursuant to 42 U.S.C.
§ 1983.

The allegations in his Complaint occurred while he was a

post-conviction inmate at Wilkinson County Correction Facility in
Wilkinson County, Mississippi.

In his Complaint, and as clarified

in his testimony at his Spears hearing, the plaintiff alleges that
the defendant used excessive force against him.

Specifically, he

alleges that as he was exiting his cell, the defendant closed the
door on his finger, cutting off the tip of his finger.
In his report and recommendation, Magistrate Judge Parker
finds that there is no evidence in the record to support a reliable
inference of wantonness on the part of the defendant. Furthermore,
there is no evidence of malice or threats by the defendant.

The

plaintiff has failed to present sufficient evidence demonstrating
that the defendant had the requisite intent to cause the plaintiff
harm.

The Magistrate Judge therefore recommends that summary

judgment be granted to the defendant.
The only objection filed by the plaintiff is that he objects
“to any and all statement [sic] within the defendant [sic] Report
and

Recommendations.”

The

plaintiff

fails

to

make

specific

objections to any part of the Report and Recommendations, and he
has not shown why summary judgment should not be granted to the
defendant.

The Court shall therefore adopt Magistrate Judge

Parker’s Report and Recommendations and dismiss the claims against
defendant Williams with prejudice.

A final judgment shall follow.

Accordingly,
IT IS HEREBY ORDERED that the Report and Recommendations of
Magistrate Judge Michael T. Parker (docket entry 52) is ADOPTED as
the findings and conclusions of this Court;
FURTHER ORDERED that defendant Jessica Williams’ motion for
summary judgment (docket entry 44) is GRANTED;
FURTHER ORDERED that the claims against defendant Jessica
Williams are DISMISSED WITH PREJUDICE.
SO ORDERED, this the 23rd day of February, 2015.
/s/ David Bramlette
UNITED STATES DISTRICT JUDGE

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