Hunt v. Allison, No. 1:2009cv00131 - Document 61 (S.D. Miss. 2010)

Court Description: MEMORANDUM OPINION AND ORDER granting 43 Motion for Summary Judgment; granting 46 Motion for Qualified Immunity; granting 46 Motion to Dismiss; denying 50 Motion for Joinder; granting 58 Motion to Strike ; adopting Report and Recommendations re 59 Report and Recommendations.; denying 34 Motion for Summary Judgment. Signed by District Judge Halil S. Ozerden on 10/25/10. (JCH)

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Hunt v. Allison Doc. 61 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION JERMAINE LAKEITH HUNT VERSUS DAVID ALLISON PLAINTIFF CIVIL ACTION NO. 1:09-cv-131-HSO-JMR DEFENDANT MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, GRANTING DEFENDANT’S MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT AND FOR QUALIFIED IMMUNITY, DENYING PLAINTIFF’S MOTION FOR JOINDER, GRANTING DEFENDANT’S MOTION TO STRIKE, AND DISMISSING ALL CLAIMS AGAINST DEFENDANT WITH PREJUDICE This cause comes before the Court on the Report and Recommendation [59] of Chief United States Magistrate Judge John M. Roper, entered in this cause on September 2, 2010. Judge Roper reviewed Plaintiff’s Motion for Summary Judgment [34], Defendant’s Motion to Dismiss, or in the Alternative, for Summary Judgment and for Qualified Immunity [43], [46], Plaintiff’s Motion for Joinder [50], and Defendant’s Motion to Strike [58], and determined that Plaintiff’s Motion for Summary Judgment [34] should be denied, that Defendant’s Motion to Dismiss, or in the Alternative, for Summary Judgment and for Qualified Immunity [43], [46] should be granted, that Plaintiff’s Motion for Joinder [50] should be denied, that Defendant’s Motion to Strike [58] should be granted, and that all claims against Defendant should be dismissed with prejudice. See Report and Recommendation, at pp. 1, 28. A copy of the Report and Recommendation was sent to Plaintiff at his last known address by certified mail, return receipt requested, on September 2, 2010. Dockets.Justia.com See Sept. 2, 2010, Docket Entry [59]. The envelope containing the Report and Recommendation was received on September 7, 2010. See Acknowledgment of Receipt [60]. Plaintiff has not filed any objection to the Report and Recommendation. After review of the record, the Court, being fully advised in the premises, finds that said Report and Recommendation should be adopted as the opinion of this Court. IT IS, THEREFORE, ORDERED AND ADJUDGED that, the Report and Recommendation [59] of Chief United States Magistrate Judge John M. Roper, entered in this cause on September 2, 2010, should be, and the same hereby is, adopted as the finding of this Court. IT IS, FURTHER, ORDERED AND ADJUDGED that, Plaintiff’s Motion for Summary Judgment [34] should be and hereby is DENIED, that Defendant’s Motion to Dismiss, or in the Alternative, for Summary Judgment and for Qualified Immunity [43], [46] should be and hereby is GRANTED, that Plaintiff’s Motion for Joinder [50] should and hereby is DENIED, and that Defendant’s Motion to Strike [58] should be and hereby is GRANTED. IT IS, FURTHER, ORDERED AND ADJUDGED that, Plaintiff’s claims against Defendant David Allison are hereby DISMISSED WITH PREJUDICE. SO ORDERED AND ADJUDGED, this the 25th day of October, 2010. s/ Halil Suleyman Ozerden HALIL SULEYMAN OZERDEN UNITED STATES DISTRICT JUDGE -2-

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