Watts v. Burke et al

Filing 35

ORDER ADOPTING 34 REPORT AND RECOMMENDATIONS : 27 , 33 Motions should be DENIED; 24 Motion to Dismiss is well taken and should be GRANTED. This action is DISMISSED without prejudice. Signed by District Judge Keith Starrett on 3/8/17.(RRL)

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

CARL WAYNE WATTS, #77138

PLAINTIFF

VERSUS

CIVIL ACTION NO. 5:15-cv-99- KS-MTP

DR. JAMES BURKE

DEFENDANT

ORDER

THIS CAUSE IS BEFORE THE COURT on Motion to Dismiss for Failure to Exhaust
Administrative Remedies [24] filed by Defendant, Dr. James Burke and on Report and
Recommendation [34] filed by Judge Michael T. Parker. The Court has considered the Motion
and the Report and Recommendation and finds that the Motion to Dismiss [24] is well taken and
should be Granted. The Court further finds that pending Motions [27] and [33] should be Denied
as Moot and that this action should be Dismissed without prejudice. These are the
recommendations made by Judge Parker in the Report and Recommendation which is hereby
adopted by this Court as the finding of the Court.
NOW, THEREFORE, IT IS HEREBY ORDERED that the Defendant’s Motion to
Dismiss [24] is hereby GRANTED and that Motions [27] and [33] are DENIED AS MOOT.
Further, this action is DISMISSED without Prejudice.
SO ORDERED this the

8th

day of March, 2017,

s/Keith Starrett_________________
UNITED STATES DISTRICT JUDGE