Whittington v. City of McComb

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 25 Report and Recommendations. A Final Judgment dismissing the case with prejudice will follow in accordance with Federal Rule of Civil Procedure 58. Signed by Honorable David C. Bramlette, III on 2/8/2017 (ND)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
MIKE WHITTINGTON

PLAINTIFF

v.

CIVIL ACTION NO. 5:15-cv-52-DCB-MTP

CITY OF MCCOMB

DEFENDANT

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
objections were filed.

Having carefully reviewed the same, the

Court finds that Plaintiff’s claims are subject to dismissal
pursuant to 28 U.S.C. § 1915(e)(2).

Since the commencement of

this civil action on June 9, 2015, the Court has granted pro se
plaintiff Mike Whittington multiple opportunities to amend his
pleadings and clarify the allegations asserted therein. See Orders
[3],

[14],

[16],

[18].

Nevertheless,

Plaintiff’s

various

amendments have failed to state any plausible claim for relief
under

the

(“RICO”).

Racketeer

Influenced

and

Corrupt

Organizations

Act

Furthermore, Plaintiff’s claims arising under 42 U.S.C.

§ 1983 are time-barred. See Hubbard v. Miss. Conference of United
Methodist Church, 138 F. Supp. 2d 780, 782 (S.D. Miss. 2001) (“[I]n
Mississippi, the general three-year statute of limitations of
section 15-1-49 of the Mississippi Code applies to section 1983
claims”).

Therefore,

the

Court

adopts

the

Report

and

Recommendation,

and

shall

dismiss

Plaintiff’s

claims

with

prejudice.
Accordingly,
IT IS HEREBY ORDERED that Magistrate Judge Michael T. Parker’s
Report and Recommendation (docket entry 23) is ADOPTED as the
findings and conclusions of this Court.
A Final Judgment dismissing the case with prejudice will
follow in accordance with Federal Rule of Civil Procedure 58.
SO ORDERED, this the 8th day of February, 2017.

/s/ David Bramlette_________
UNITED STATES DISTRICT JUDGE