Davis v. Kelly, No. 4:2009cv00051 - Document 12 (N.D. Miss. 2009)
Court Description: FINAL JUDGMENT adopting 9 Report and Recommendations. CASE CLOSED. Signed by W. Allen Pepper on 12/02/2009. (pbs, USDC)
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Davis v. Kelly Doc. 12 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION WILLIAM DAVIS PLAINTIFF v. No. 4:09CV51-P-S LAWRENCE KELLY DEFENDANT FINAL JUDGMENT Upon consideration of the file and records in this action, including the Report and Recommendation of the United States Magistrate Judge dated November 9, 2009, the court finds that the deadline for objecting to the Magistrate Judge’s Report and Recommendation has expired, and the plaintiff has filed no objections. The Magistrate Judge’s Report and Recommendation should therefore 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 November 9, 2009, 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 the plaintiff’s pending motion [11] to amend the complaint is DISMISSED as moot in light of this ruling. 4. That this case is CLOSED. THIS, the 2nd day of December, 2009. /s/ W. Allen Pepper, Jr. W. ALLEN PEPPER, JR. UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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