Trotter v. Shaw et al

Filing 26

ORDER granting 18 Motion for Summary Judgment; granting 22 Motion for Summary Judgment; adopting Report and Recommendations re 25 Report and Recommendations. 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 BOBBY A. TROTTER, #L4136 VS. PLAINTIFF CIVIL ACTION NO. 5:15-cv-34(DCB)(MTP) HEAD WARDEN FRANK SHAW, WARDEN WALKER, and MANAGEMENT TRAINING CORPORATION DEFENDANTS ORDER ADOPTING REPORT AND RECOMMENDATION This cause is before the Court on Magistrate Judge Michael T. Parker’s Report and Recommendation (docket entry 25), 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. judge further finds that the defendants’ The magistrate motion for summary judgment should be granted, that the plaintiff’s motion for summary judgment should be denied, and that this action should be dismissed without prejudice. This Court adopts Magistrate Judge Parker’s Report and Recommendation. Accordingly, IT IS HEREBY ORDERED that Magistrate Judge Michael T. Parker’s Report and Recommendation (docket entry 25) is ADOPTED as the findings and conclusions of this Court; FURTHER ORDERED that the motion for summary judgment (docket entry 18) filed by Head Warden Frank Shaw, Warden Walker, and Management and Training Corporation is GRANTED; FURTHER ORDERED that the motion for summary judgment (docket entry 22) filed by the plaintiff Bobby A. Trotter is DENIED; 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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