Mills v. Adams County Board of Supervisors

Filing 56

ORDER finding as moot 33 Motion to Dismiss; adopting Report and Recommendations re 53 Report and Recommendations; Further ordered that Timothy Blalock is Dismissed from this action with prejudice; Further ordered that this case shall continue as to the remaining Defendants. Signed by Honorable David C. Bramlette, III on 03/04/2019 (ECW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
ANTHONY DUANE MILLS, #207420
VS.

PLAINTIFF
CIVIL ACTION NO. 5:18-cv-15(DCB)(MTP)

SHERIFF TRAVIS PATTEN, ET AL.

DEFENDANTS

MEMORANDUM OPINION AND ORDER
This cause is before the Court on a Motion to Dismiss filed by
defendant Timothy Blalock (docket entry 33), and on the Report and
Recommendation of Magistrate Judge Michael T. Parker (docket entry
53).
On January 24, 2019, the parties appeared and participated in
an omnibus hearing before Magistrate Judge Parker.

Plaintiff

Anthony Duane Mills appeared pro se; Honorable Brennan Breeland
appeared on behalf of Defendants Travis Patten, Lee Best, Delayne
Bush, Walter Mingee, and Dustin Smith; and Honorable Timothy
Blalock appeared on his own behalf.

Magistrate Judge Parker

scheduled the hearing for the combined purposes of conducting a
Spears1 hearing, scheduling/case management hearing, and discovery
conference.

The purpose in conducting the hearing was to ensure

the just, speedy, and inexpensive determination of this pro se
prisoner litigation.
After considering the issues in this case, Magistrate Judge
Parker found the following:
1

Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985).

During the Spears hearing, Plaintiff stated that he no
longer wishes to pursue his claims against Timothy
Blalock.
The Court explained that the dismissal of
Blalock would be with prejudice.
Plaintiff testified
that he understood the consequences of such a dismissal.
Plaintiff also testified that he is not under any undue
influence or pressure to dismiss his case and is doing so
voluntarily.
(Docket entry 53, p.1).

Thus, Magistrate Judge Parker recommends

that:
1. Timothy Blalock be dismissed with prejudice,
2. the Motion to Dismiss [33] be denied as moot, and
3. this case continue as to the remaining Defendants.
Id.
All parties, including the Plaintiff, were given fourteen days
after being served a copy of the Report and Recommendation to serve
and file written objections to Magistrate Judge Parker’s findings.
No objections were filed.
The Court therefore finds that the parties are in agreement
that dismissal of Defendant Timothy Blalock with prejudice is
warranted.
Accordingly,
IT IS HEREBY ORDERED that the Report and Recommendation of
Magistrate Judge Michael T. Parker (docket entry 53) is ADOPTED as
the findings and conclusions of the Court;
FURTHER ORDERED that Timothy Blalock is DISMISSED from this
action WITH PREJUDICE;
FURTHER ORDERED that the Motion to Dismiss filed by Defendant
Timothy Blalock (docket entry 33) is DENIED AS MOOT;
2

FURTHER ORDERED that this case shall continue as to the
remaining Defendants.
SO ORDERED, this the 4th day of March, 2019.

David Bramlette
UNITED STATES DISTRICT JUDGE

3