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Guilty v. Davies

United States District Court, N.D. Mississippi, Greenville Division

May 12, 2017

LENROY GUILTY, JR. PLAINTIFF
v.
CORRECTIONAL OFFICER DAVIES, DEFENDANTS

          MEMORANDUM OPINION AND ORDER

          DEBRA M. BROWN UNITED STATES DISTRICT JUDGE.

         Lenroy Guilty, Jr.-an inmate in the custody of the Mississippi Department of Corrections (“MDOC”)-filed this action under 42 U.S.C. § 1983, alleging violations of the Eighth Amendment's prohibition against cruel and unusual punishment. Doc. #1. Before the Court are the Report and Recommendation issued by United States Magistrate Judge S. Allan Alexander on August 5, 2016, Doc. #11; and the motion for summary judgment filed September 19, 2016, by Correctional Officers Clark, Honeycup, and Paige, Doc. #16.

         I

         Procedural History

         On or about February 28, 2016, Lenroy Guilty, Jr., acting pro se, filed a complaint in this Court against seven correctional officers: (1) Correctional Officer Davies; (2) Correctional Officer Clark; (3) Correctional Officer Griffin; (4) Correctional Officer Harris; (5) Correctional Officer Harrison; (6) Correctional Officer Honeycup; and (7) Correctional Officer Paige. Doc. #1. The complaint alleges that the various officers used excessive force in subduing Guilty during a November 26, 2015, contraband investigation of Guilty's cell. Id.

         On April 26, 2016, United States Magistrate Judge S. Allen Alexander issued an order setting a Spears[1] hearing for June 14, 2016. Doc. #7. Of relevance here, the order warned Guilty “that failure to keep the court informed of his current address may result in the dismissal of this lawsuit.”[2]Id. at 2.

         Following the Spears hearing, Judge Alexander issued a Report and Recommendation, recommending Guilty's claims against Davies and Griffin be dismissed because Guilty conceded they did not take part in the alleged assault. Doc. #11 at 4. However, Judge Alexander recommended that the case proceed against Clark, Harris, Harrison, Honeycup, and Paige. Id. Guilty acknowledged receipt of the Report and Recommendation on August 16, 2016. Doc. #13. On September 19, 2016, Paige, Clark, and Honeycup (“Moving Defendants”) filed a motion for summary judgment. Doc. #16.

         On October 3, 2016, this case was reassigned from Judge Alexander to United States Magistrate Judge Roy Percy. A notice of reassignment was mailed to Guilty at the address listed on the docket but was later returned as undeliverable. Doc. #18.

         On January 5, 2017, Judge Percy issued an order setting an evidentiary hearing in this matter for June 13, 2017. Doc. #19. The same day, Judge Percy extended the deadline for Guilty to respond to the motion for summary judgment until January 26, 2017. Doc. #20. Both orders were mailed to Guilty at his address listed on the docket. On February 27, 2017, the order extending the deadline for Guilty to respond to the motion for summary judgment was returned as undeliverable. Doc. #21.

         II

         Report and Recommendation

         Where objections to a report and recommendation have been filed, a court must conduct a “de novo review of those portions of the ... report and recommendation to which the Defendants specifically raised objections. With respect to those portions of the report and recommendation to which no objections were raised, the Court need only satisfy itself that there is no plain error on the face of the record.Gauthier v. Union Pac. R.R. Co., 644 F.Supp.2d 824, 828 (E.D. Tex. 2009) (citing Douglass v. United Serv. Auto. Ass'n, 79 F.3d 1415, 1428-29 (5th Cir. 1996)) (internal citations omitted).

         More than fourteen days have passed since the issuance of the Report and Recommendation, and no party has filed objections.[3] Accordingly, this Court's review of the Report and Recommendation is limited to plain error. Morales v. Mosley, No. 3:13-cv-848, 2014 WL 5410326, at *2 (S.D.Miss. Oct. 22, 2014) (citing Shelby v. City of El Paso, 577 F. App'x 327, 331 (5th Cir. 2014)). After reviewing the Report and Recommendation and finding no plain error with respect to its findings on the ...


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