Alford v. Pike County Detention Center et al

Filing 74

ORDER adopting Report and Recommendations re 66 Report and Recommendations, and dismissing plaintiff's claims that defendants failed to adequately respond to his grievances. Signed by Honorable David C. Bramlette, III on 11/30/2016 (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 ADOPTING REPORT AND RECOMMENDATION
AND DISMISSING PLAINTIFF’S CLAIMS THAT DEFENDANTS
FAILED TO ADEQUATELY RESPOND TO HIS GRIEVANCES
This cause is before the Court on the plaintiff Henry Hinton,
Jr.’s ore tenus motion to dismiss certain claims, and on the Report
and Recommendation of Magistrate Judge Michael T. Parker (docket
entry 66).
During an omnibus hearing held on October 26, 2016, the
plaintiff advised Magistrate Judge Parker that he no longer wishes
to pursue certain claims and wants them dismissed.
defendants objected to the plaintiff’s request.

None of the

Furthermore, as

found in Magistrate Judge Parker’s Report and Recommendation, the
plaintiff’s allegations that the defendants failed to adequately
respond to his grievances do not amount to a constitutional
violation.

See Geiger v. Jowers, 404 F.3d 371, 373-74 (5th Cir.

2005)(holding inmate does not have a federal protected liberty
interest in having prison grievances investigated or resolved to
his satisfaction); Dehghani v. Vogelgesang, 226 Fed. App’x. 404,
406 (5th Cir. 2007).
Neither plaintiff nor defendants have filed any objections to

the Report and Recommendation. The Court finds that the Report and
Recommendation should be adopted, and the plaintiff’s claims that
the defendants failed to adequately respond to his grievances
should be dismissed.

This case shall continue as to the remaining

claims.
Accordingly,
IT IS HEREBY ORDERED that Magistrate Judge Michael T. Parker’s
Report and Recommendation (docket entry 66) is ADOPTED as the
opinion of this Court;
FURTHER

ORDERED

that

the

plaintiff’s

claims

that

the

defendants failed to adequately respond to his grievances are
hereby DISMISSED;
FURTHER ORDERED that this case shall continue as to the
remaining claims.
SO ORDERED, this the 30th day of November, 2016.

/s/ David Bramlette
UNITED STATES DISTRICT JUDGE

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