Fletcher v. Metlife Insurance Company

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS; dismissing cause with prejudice for failure to comply with the rules of procedure, failure to comply with the orders of the court and failure to prosecute this action. Signed by District Judge Debra M. Brown on 2/1/16. (jlm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
CLARENCE E. FLETCHER

PLAINTIFF

V.

NO. 1:14-CV-00203-DMB-DAS

METLIFE INSURANCE COMPANY

DEFENDANT

ORDER OF DISMISSAL
On January 5, 2016, United States Magistrate Judge David A. Sanders issued a Report
and Recommendation (“R&R”) recommending that Plaintiff Charles E. Fletcher’s “action be
dismissed with prejudice for failure to comply with the rules of procedure; failure to comply with
the orders of the court; and failure to prosecute the action.” Doc. #23 at 4. The R&R warned
that the “[f]ailure to timely file objections to the proposed findings and recommendations will
bar an aggrieved party from challenging on appeal both the proposed factual findings and the
proposed legal conclusions that are accepted by the district court.” Id.
Fletcher, who is represented by counsel, has not acknowledged receipt of the R&R. As
of this date, Fletcher has not filed written objections to the R&R. Accordingly, this Court’s
review of the R&R is limited to plain error. See Molina–Uribe v. U.S., No. B:97–97, 2009 WL
3535498, at *15 (S.D. Tex. Sep. 10, 2009) (“In the absence of plain error, a party’s failure to
object timely to a Magistrate Judge's Report and Recommendation waives any right to further
judicial review of that decision.”) (citing Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415,
1428–29 (5th Cir. 1997)).
The Court has reviewed the R&R and found no plain error. Accordingly:
1.

The R&R is APPROVED and ADOPTED as the opinion of the Court; and

2.

This matter is DISMISSED with prejudice for failure to comply with the rules of

procedure, failure to comply with the orders of the court, and failure to prosecute the action.
SO ORDERED, this 1st day of February, 2016.

/s/ Debra M. Brown
UNITED STATES DISTRICT JUDGE

2