Johnson v. DeSoto County Sheriff Dept. et al, No. 3:2013cv00043 - Document 13 (N.D. Miss. 2013)

Court Description: FINAL JUDGMENT - Report and Recommendation 11 APPROVED AND ADOPTED; case DISMISSED with prejudice for failure to state a claim counting as a "strike". Case CLOSED. Signed by Michael P. Mills on 7/31/13. (cr)

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Johnson v. DeSoto County Sheriff Dept. et al Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI OXFORD DIVISION WALTER VAUGHN JOHNSON, JR. vs. PLAINTIFF CIVIL ACTION NO.: 3:13cv43-MPM-JMV DESOTO COUNTY SHERIFF DEPT., et al. DEFENDANTS FINAL JUDGMENT Upon consideration of the file and records in this action, the Court finds that the Report and Recommendation of the United States Magistrate Judge dated June 18, 2013, was on that date duly served by mail on the pro se plaintiff at his last known address; that the plaintiff acknowledged receipt of the Report and Recommendation on June 21, 2013; that more than fourteen days have elapsed since service of the Report and Recommendation; and that no objection to the Report and Recommendation has been filed or served by any party. The Court is of the opinion that the Magistrate Judge’s Report and Recommendation should be approved and adopted as the opinion of the Court. It is, therefore, ORDERED: 1. That the Report and Recommendation of the United States Magistrate Judge dated June 18, 2013, is hereby APPROVED AND ADOPTED as the opinion of the Court. 2. That the instant case is hereby DISMISSED with prejudice for the plaintiff’s failure to state a claim upon which relief may be granted, counting as a “strike” under 28 U.S.C. §§ 1915(e)(2)(B)(i) and 1915(g). 3. That this case is CLOSED. SO ORDERED this the 31st day of July, 2013. /s/ MICHAEL P. MILLS CHIEF JUDGE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF MISSISSIPPI Dockets.Justia.com

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