Threadgill v. Moore et al - Document 42

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ORDER ADOPTING 38 REPORT AND RECOMMENDATIONS; granting 27 Motion to Dismiss filed by Robert Moore, Samantha Gonzalez, Ken Kaiser; granting 28 Motion to Dismiss filed by Christopher Epps, Laticha Swinney, Margarett Bingham, Gloria Perry. Separate judgment to be entered. Signed by District Judge Tom S. Lee on 9/20/11 (LWE)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION VERNON THREADGILL #13351 VS. PETITIONER CIVIL ACTION NO. 3:10cv378 TSL-MTP ROBERT MOORE, et al. RESPONDENTS ORDER This cause came on this date to be heard upon the report and recommendation of United States Magistrate Judge Michael T. Parker, and the court, having fully reviewed the report and recommendation entered in this cause on July 25, 2011, along with petitioner’s objections thereto filed on September 1, 2011, and being duly advised in the premises, finds that said report and recommendation should be adopted as the opinion of this court. IT IS, THEREFORE, ORDERED that the report and recommendation of United States Magistrate Judge Michael T. Parker entered on July 25, 2011, be, and the same is hereby adopted as the finding of this court. That respondents’ motion to dismiss is granted, and the petition for writ of habeas corpus is hereby dismissed without prejudice for failure to exhaust administrative remedies. 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 this the 20th day of September, 2011. /s/Tom S. Lee UNITED STATES DISTRICT JUDGE