Gaston v. Roach

Full title: JAMES GASTON PLAINTIFF v. ROOSEVELT ROACH, et al. DEFENDANTS

Court: United States District Court, N.D. Mississippi, Eastern Division

Date published: Mar 11, 2009

NO. 4:08CV038-M-D (N.D. Miss. Mar. 11, 2009)

Opinion

NO. 4:08CV038-M-D.

March 11, 2009

ORDER ADOPTING REPORT AND RECOMMENDATION

MICHAEL MILLS, District Judge

The Plaintiff, an inmate, brings this complaint pro se pursuant to 42 U.S.C. § 1983. The Magistrate Judge has submitted a Report dated December 15, 2008, recommending the dismissal of a Defendant.

The Report was on that date duly served by mail upon Plaintiff and Defendants at their last known addresses; that more than ten days have elapsed since service of the Report and Recommendation; and that no objection to the Report and Recommendation has been served or filed 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.

THEREFORE, it is hereby ORDERED that

(1) the Report and Recommendation (docket entry 29) is APPROVED and ADOPTED as the opinion of this court;

(2) The Greenwood Police Department's motion for summary judgment (docket entry 26) is GRANTED; the City of Greenwood is dismissed with prejudice; and

(3) Defendants' Roach and Williams motion to dismiss (docket entry 28) is DENIED.

SO ORDERED.