Shields v. M.S.P. Disciplinary Dept. et al, No. 4:2016cv00163 - Document 16 (N.D. Miss. 2017)

Court Description: FINAL JUDGMENT - REPORT AND RECOMMENDATIONS APPROVED AND ADOPTED; Case DISMISSED for failure to state a claim counting as a "STRIKE". CASE CLOSED. Signed by Senior Judge Neal B. Biggers on 2/27/17. (cr)
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION DESMOND SHIELDS PLAINTIFF v. CIVIL ACTION NO. 4:16-CV-00163-NBB-JMV M.S.P. DISCIPLINARY DEPT. WARDEN TIMOTHY MORRIS DEFENDANTS FINAL JUDGMENT Having considered the file and records in this action, the court finds that the Report and Recommendation of the United States Magistrate Judge was duly served by mail upon the pro se plaintiff at his last known address; 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 magistrate judge’s Report and Recommendation should therefore be approved and adopted as the opinion of the court. It is ordered: 1. That the Report and Recommendation of the United States Magistrate Judge is hereby APPROVED AND ADOPTED as the opinion of the court. 2. That the instant case is DISMISSED for failure to state a claim upon which relief could be granted, counting as a “strike” under 28 U.S.C. § 1915(g). 3. That this case is CLOSED. SO ORDERED AND ADJUDGED this, the 27th day of February, 2017. /s/ Neal Biggers NEAL B. BIGGERS, JR. UNITED STATES DISTRICT JUDGE