Depaz-Lopez v. Corrections Corporation of America et al

Filing 61

ORDER ADOPTING 55 Report and Recommendations. Plaintiff's claims for damages are dismissed with prejudice for failure to state a claim. Defendants' Motion for Summary Judgment is granted and Plaintiff's claims for injunctive relief are dismissed with prejudice. Plaintiff's state law claims are dismissed without prejudice for lack of jurisdiction. Signed by District Judge Keith Starrett on 3/2/17. (RRL)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
JOSE DEPAZ-LOPEZ
v.

PLAINTIFF
CIVIL ACTION NO. 5:15-CV-89-KS-MTP

CORRECTIONS CORPORATION OF
AMERICA, ET AL.

DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on Plaintiff Jose Depaz-Lopez’s Motion for Extension to
File Objections (“Motion for Extension”) [58] and Objections to the Magistrate Judge’s Report
and Recommendation (“Objections”) [59]. United States Magistrate Judge Michael T. Parker (the
“Magistrate”) entered his Report and Recommendation [55] in this matter on January 9, 2017, and
Plaintiff was given notice that he had fourteen days to file any objections. This time expired on
January 23, 2017. On February 15, 2017, twenty-four days after the expiration of the deadline to
file objections, Plaintiff filed his Motion for Extension [58], arguing that events that occurred on
February 1, 2017, prevented him from filing a timely objection and requesting an additional fortyfive days to file. Given that Plaintiff has given the Court no reason why he was unable to file his
objections prior to the January 23 deadline, the Court finds that his Motion for Extension [58]
should be denied. Accordingly, his Objections [59] will be overruled as untimely filed and not
properly before the Court.
Furthermore, having fully reviewed the Report and Recommendation [59] of the
Magistrate, as well as the record in this matter, and being duly advised in the premises, the Court
finds that said Report and Recommendation [55] should be adopted as the opinion of this Court.
Plaintiff’s claims for damages will be dismissed with prejudice for failure to state a claim,
Defendants’ Motion for Summary Judgment [48] will be granted and Plaintiff’s claims for

injunctive relief will be dismissed with prejudice, and all state law claims will be dismissed
without prejudice for lack of jurisdiction.
IT IS THEREFORE ORDERED AND ADJUDGED that Plaintiff’s Motion for Extension
[58] is denied.
IT IS FURTHER ORDERED AND ADJUDGED that Plaintiff’s Objections [59] are
overruled as untimely and not properly before the Court.
IT IS FURTHER ORDERED AND ADJUDGED that the Report and Recommendation
[59] is adopted as the opinion of the Court. Plaintiff’s claims for damages are dismissed with
prejudice for failure to state a claim. Defendants’ Motion for Summary Judgment [48] is granted
and Plaintiff’s claims for injunctive relief are dismissed with prejudice. Plaintiff’s state law
claims are dismissed without prejudice for lack of jurisdiction. A separate judgment will be
entered herein in accordance with this Order as required by Rule 58 of the Federal Rules of Civil
Procedure.
SO ORDERED AND ADJUDGED, on this, the

2nd

day of March, 2017.

s/Keith Starrett__________________
KEITH STARRETT
UNITED STATES DISTRICT JUDGE

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