Wallace v. Management and Training Corp. et al

Filing 38

ORDER adopting Report and Recommendations re 34 Report and Recommendations.; granting 25 Motion for Summary Judgment Signed by Honorable David C. Bramlette, III on 3/23/2016 (ECW)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION CLIFTON A. WALLACE VS. PLAINTIFF CIVIL ACTION NO. 5:15-cv-20(DCB)(MTP) MANAGEMENT & TRAINING CORPORATION, WARDEN FRANK SHAW, DEPUTY WARDEN GABRIEL WALKER, and DEPUTY WARDEN TIRA JACKSON DEFENDANTS ORDER ADOPTING REPORT AND RECOMMENDATION This cause is before the Court on Magistrate Judge Michael T. Parker’s Report and Recommendation (docket entry 34), to which no objection has been made by the plaintiff. In his Report and Recommendation, Magistrate Judge Parker finds that the plaintiff has failed to exhaust his administrative remedies. The magistrate judge further finds that the defendants’ motion for summary judgment should be granted, and that this action should be dismissed without prejudice. This Court Recommendation. adopts Magistrate Judge Parker’s Report and Accordingly, IT IS HEREBY ORDERED that Magistrate Judge Michael T. Parker’s Report and Recommendation (docket entry 34) is ADOPTED as the findings and conclusions of this Court; FURTHER ORDERED that the motion for summary judgment (docket entry 25) filed by Management & Training Corporation, Warden Frank Shaw, Deputy Warden Gabriel Walker, and Deputy Warden Tira Jackson is GRANTED; A separate Final Judgment shall issue dismissing this action without prejudice. SO ORDERED, this the 23rd day of March, 2016. /s/ David Bramlette UNITED STATES DISTRICT JUDGE 2

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