Alford v. Pike County Detention Center et al

Filing 113

ORDER denying 108 Motion for Reconsideration Signed by Honorable David C. Bramlette, III on 7/14/2017 (ECW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
HENRY HINTON, JR.
VS.

PLAINTIFF
CIVIL ACTION NO. 5:15-cv-77(DCB)(MTP)

PIKE COUNTY, ET AL.

DEFENDANTS
ORDER

This cause is before the Court on the plaintiff Henry Hinton,
Jr.’s Motion to Reconsider (docket entry 108) this Court’s Order
(docket entry 107) denying as moot the plaintiff’s motions for
partial default judgment and summary judgment (docket entry 89),
denying the plaintiff’s motion for partial summary judgment (docket
entry 90), and adopting the Report and Recommendation of Magistrate
Judge Michael T. Parker (docket entry 92).
As grounds therefor, the plaintiff alleges that the Court did
not conduct a de novo review of those portions of the Report and
Recommendation to which the plaintiff objected.

However, the

plaintiff voluntarily withdrew his motions for partial default
judgment
required.

and

summary

judgment;

thus,

no

de

novo

review

was

As for the plaintiff’s motion for partial summary

judgment, the Court conducted de novo review and found that the
plaintiff’s motion was untimely. Furthermore, the Court found that
the plaintiff had failed to meet his burden of demonstrating the
absence of a genuine issue of material fact, and had failed to show
that he was entitled to judgment as a matter of law.

Therefore,

the plaintiff’s motion for reconsideration shall be denied.
Accordingly,
IT IS HEREBY ORDERED that the plaintiff Henry Hinton, Jr.’s
Motion to Reconsider (docket entry 108) is DENIED.
SO ORDERED, this the 14th day of July, 2017.

/s/ David Bramlette
UNITED STATES DISTRICT JUDGE

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