Evans v. Sparkman, et al., No. 4:2011cv00129 - Document 25 (N.D. Miss. 2012)

Court Description: FINAL JUDGMENT adopting 20 Report and Recommendations; dismissing case with prejudice, counting as strike. Signed by Michael P. Mills on 9/18/12. (mhg)
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Evans v. Sparkman, et al. Doc. 25 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION OLLIE LEE EVANS PLAINTIFF v. NO. 4:11CV129-M-V EMMITT SPARKMAN, ET AL. DEFENDANTS FINAL JUDGMENT Upon consideration of the file and records in this action, including the Report and Recommendation of the United States Magistrate Judge dated June 22, 2012, and the July 9, 2012, objections to the Report and Recommendation, the court finds that the plaintiff’s objections are without merit and 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 22, 2012, is hereby APPROVED AND ADOPTED as the opinion of the court. 2. That the instant case is hereby DISMISSED with prejudice for failure to state a claim upon which relief could be granted, counting as a “strike” under 28 U.S.C. §§ 1915 (e)(2)(B)(i) and 1915(g). 3. That, in light of this ruling, any motion currently pending before the court in this case are DISMISSED as moot. 4. That this case is CLOSED. THIS, the 18th day of September, 2012. /s/ MICHAEL P. MILLS CHIEF JUDGE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF MISSISSIPPI Dockets.Justia.com