Gooden v. Sanders et al

Filing 29

ORDER ADOPTING REPORT AND RECOMMENDATIONS 24 - IT IS HEREBY ORDERED that Magistrate Judge Michael T. Parker's Report and Recommendation (docket entry 27 in Gooden v. Patton, 5:16-cv-92-DCB-MTP; docket entry 22 in Goode n v. Patton, 5:16-cv-93-DCB-MTP) is ADOPTED as the findings and conclusions of this Court; FURTHER ORDERED that the plaintiff's Motion to Dismiss (docket entry 24 in Gooden v. Patton, 5:16-cv-92-DCB-MTP), Amended Motion to Dismiss (docket ent ry 26 in Gooden v. Patton, 5:16-cv-92-DCB-MTP), and Amended Motion to Dismiss (docket entry 23 in Gooden v. Patton, 5:16-cv-93-DCB-MTP) are GRANTED; FURTHER ORDERED that all claims asserted in Gooden v. Patton, 5:16-cv-92-DCB-MTP and Gooden v. Patton, 5:16-cv-93-DCB-MTP are dismissed without prejudice. A final judgment dismissing the cases without prejudice will follow in accordance with Federal Rule of Civil Procedure 58. Signed by Honorable David C. Bramlette, III on 8/14/2017 (ND)

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

PLAINTIFF

v.

CIVIL ACTION NO. 5:16-cv-92-DCB-MTP

SHERIFF TRAVIS PATTON

DEFENDANT
consolidated with

TERRY GOODEN

PLAINTIFF

v.

CIVIL ACTION NO. 5:16-cv-93-DCB-MTP

SHERIFF TRAVIS PATTON

DEFENDANT

ORDER ADOPTING REPORT AND RECOMMENDATION
This cause is before the Court on Magistrate Judge Michael T.
Parker’s Report and Recommendation (docket entry 27 in Gooden v.
Patton, 5:16-cv-92-DCB-MTP; docket entry 22 in Gooden v. Patton,
5:16-cv-93-DCB-MTP), to which no objections have been filed.1
Having carefully reviewed the same, the Court finds that the Report
and Recommendation is well-taken and should be adopted.
Shortly after the Court scheduled an omnibus hearing for the
above styled cases, Plaintiff Terry Gooden (“Gooden”) filed two
motions to dismiss in Gooden v. Patton, 5:16-cv-92-DCB-MTP. See
Docs. 24, 26.2

Within his motions to dismiss, Gooden states that

he does not wish to represent himself and requests that both of

The Court consolidated the above styled cases on June 14, 2017.
Gooden’s amended motion to dismiss (docket entry 26) was also filed in
Gooden v. Patton, 5:16-cv-93-DCB-MTP (docket entry 23). Though the amended
motion appears to have been entered on the docket in Gooden v. Patton, 5:16cv-93-DCB-MTP after the Report and Recommendation, the Court observes that
Gooden’s motion is a copy of the second motion to dismiss filed in Gooden v.
Patton, 5:16-cv-92-DCB-MTP, which Judge Parker considered in making his report.
1
2

his cases be dismissed. Id.
desires

to

voluntarily

Having found that the plaintiff

dismiss

his

pending

actions

without

objection from the defendant, the Court adopts the Report and
Recommendation and shall grant the plaintiff’s motions to dismiss,
hereby dismissing all claims asserted in Gooden v. Patton, 5:16cv-92-DCB-MTP and

Gooden v. Patton

5:16-cv-93-DCB-MTP without

prejudice.
Accordingly,
IT IS HEREBY ORDERED that Magistrate Judge Michael T. Parker’s
Report and Recommendation (docket entry 27 in Gooden v. Patton,
5:16-cv-92-DCB-MTP; docket entry 22 in Gooden v. Patton, 5:16-cv93-DCB-MTP) is ADOPTED as the findings and conclusions of this
Court;
FURTHER

ORDERED

that

the

plaintiff’s

Motion

to

Dismiss

(docket entry 24 in Gooden v. Patton, 5:16-cv-92-DCB-MTP), Amended
Motion to Dismiss (docket entry 26 in Gooden v. Patton, 5:16-cv92-DCB-MTP), and Amended Motion to Dismiss (docket entry 23 in
Gooden v. Patton, 5:16-cv-93-DCB-MTP) are GRANTED;
FURTHER ORDERED that all claims asserted in Gooden v. Patton,
5:16-cv-92-DCB-MTP and Gooden v. Patton, 5:16-cv-93-DCB-MTP are
dismissed without prejudice.
A final judgment dismissing the cases without prejudice will
follow in accordance with Federal Rule of Civil Procedure 58.

SO ORDERED, this the 14th day of August, 2017.
/s/ David Bramlette_________
UNITED STATES DISTRICT JUDGE