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)

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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 2

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