United States District Court, Northern District of Mississippi, Greenville Division
February 9, 2015
TAKEI MCFARLAND, PLAINTIFF
STANLEY BROOKS, et al., DEFENDANTS
DEBRA M. BROWN, UNITED STATES DISTRICT JUDGE
Upon consideration of the file and records in this action, the Court finds that the Report and Recommendation of the United States Magistrate Judge dated December 17, 2014, was on that date duly served by mail on the pro se plaintiff at his last known address; that the plaintiff acknowledged receipt of the Report and Recommendation on January 2, 2015; that more than fourteen days have elapsed since service of the Report and Recommendation; and that no objection to the Report and Recommendation has been filed or served 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. It is, therefore, ORDERED:
1. That the Report and Recommendation of the United States Magistrate Judge dated December 17, 2014, is hereby APPROVED AND ADOPTED as the opinion of the Court.
2. That defendants Earnest Lee, Tom Tabler, Faye Noel, Morgan Farnell, Jeffrey Brown, Archie Longley, Christopher Epps, and Donnis Chatman are DISMISSED from this cause with prejudice.
3. That the plaintiff’s conspiracy and medical care claims are DISMISSED.
4. That the plaintiff’s Eighth Amendment claim concerning the working conditions to which he was exposed will PROCEED as to defendants Stanley Brooks, Ed Cole, Henry Gipson, and Richard Gipson.