Deloach v. Kelly

Full title: ROBERT LEE DELOACH, Petitioner v. LAWRENCE KELLY; et al., Respondents

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

Date published: Mar 24, 2006

Civil Action No. 1:05CV23-D-D (N.D. Miss. Mar. 24, 2006)

Opinion

Civil Action No. 1:05CV23-D-D.

March 24, 2006

ORDER DENYING SUMMARY JUDGMENT

GLEN DAVIDSON, Chief Judge

On consideration of the file and records in this action, and on the Petitioner's motion for default or summary judgment, the Court finds that the Report and Recommendation of the United States Magistrate Judge has been duly served by first class mail upon the plaintiff and the attorneys for the defendants; that more than ten days have elapsed since service of said Report and Recommendation; and that no objection thereto has been filed or served by said parties. The Court is of the opinion that the Report and Recommendation should 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 (docket entry 20), be, and it is hereby, approved and adopted, and that the proposed findings of fact and conclusions of law therein set out be, and they are hereby, adopted as the findings of fact and conclusions of law of the Court.

2. That the Petitioner's motion for default or summary judgment (docket entry 16) be and hereby is denied.