Ellsberry v. Stewart et al, No. 1:2021cv00385 - Document 79 (S.D. Miss. 2023)

Court Description: FINAL JUDGMENT: this case is dismissed. Signed by Magistrate Judge Bradley W. Rath on 3/6/2023 (wld)

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Ellsberry v. Stewart et al Doc. 79 Case 1:21-cv-00385-BWR Document 79 Filed 03/06/23 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION JERRAD ELLSBERRY PLAINTIFF VERSUS CIVIL ACTION NO. 1:21-cv-00385-BWR CANDACE STEWART, et al. DEFENDANTS FINAL JUDGMENT In accordance with the Court’s Order issued this date and incorporated herein by reference, IT IS, THEREFORE, ORDERED AND ADJUDGED that the Motion [53] for Summary Judgment filed by Defendants Candace Stewart and Stone County is GRANTED IN PART AND DENIED IN PART. Ellsberry’s claims against Candace Stewart and Stone County are DISMISSED WITH PREJUDICE. IT IS, FURTHER, ORDERED AND ADJUDGED that the Motion [60] to Rule in Favor of Plaintiff Against Justin Miles filed by Plaintiff Jerrad Ellsberry is DENIED. Ellsberry’s claims against Judge Justin Miles are DISMISSED WITH PREJUDICE. IT IS, FURTHER, ORDERED AND ADJUDGED that the Motion [46] to Dismiss for Lack of Subject Matter Jurisdiction or in the Alternative to Dismiss for Failure to Comply with Miss. Code Ann. § 95-1-5 or for Summary Judgment filed by Defendants the Stone County Enterprise and Lyndy Berryhill is GRANTED IN PART AND DENIED IN PART. Ellsberry’s claims against the Stone County Enterprise and Lyndy Berryhill are DISMISSED WITHOUT PREJUDICE. Dockets.Justia.com Case 1:21-cv-00385-BWR Document 79 Filed 03/06/23 Page 2 of 2 IT IS, FURTHER, ORDERED AND ADJUDGED that this case is DISMISSED. Any arguments raised by the parties but not specifically discussed herein were considered by the Court and would not change the final disposition of this case. IT IS, FURTHER, ORDERED AND ADJUDGED that all other outstanding motions are DENIED AS MOOT. SO ORDERED AND ADJUDGED, this 6th day of March, 2023. s/ Bradley W. Rath BRADLEY W. RATH UNITED STATES MAGISTRATE JUDGE 2

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