Carroll v. Tippah County, Mississippi et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS 9 as the opinion of the court; claims against Jim Kelly and Chris Kitchen are DISMISSED; claims against Tippah County may PROCEED. Signed by District Judge Debra M. Brown on 7/12/17. (cr)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
WILEY ZACHARY CARROLL

PLAINTIFF

V.

NO. 3:16-CV-260-DMB-JMV

TIPPAH COUNTY, et al.

DEFENDANTS

ORDER
On May 1, 2017, following a Spears1 hearing, United States Magistrate Judge Jane M.
Virden issued a Report and Recommendation recommending that Wiley Zachary Carroll’s claims
against Jim Kelly and Chris Kitchen be dismissed and that Carroll’s claims against Tippah County
proceed “to the extent [Carroll] alleges Tippah County violated his due process rights and/or
otherwise wronged him by way of the Circuit Court’s alleged failure to review his criminal
sentence in accordance with the mandate of the Mississippi Court of Appeals.” Doc. #9. The
Report and Recommendation warned:
[O]bjections [to the Report and Recommendation] are required to be in writing and
must be filed within fourteen (14) days of this date. Failure to timely file written
objections to the proposed findings, conclusions and recommendations contained
in this report will bar an aggrieved party, except upon grounds of plain error, from
attacking on appeal the unobjected-to proposed factual findings and legal
conclusions accepted by the district court.” Douglass v. United Services
Automobile Association, 79 F.3d 1415 (5th Cir. 1996).
Id. at 5.
Carroll acknowledged receipt of the Report and Recommendation on May 9, 2017. Doc.
#10. To date, no objections to the Report and Recommendation have been filed. 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.

1

Spears v. McCotter, 776 F.2d 179 (5th Cir. 1985).

City of El Paso, 577 F. App’x 327, 331 (5th Cir. 2014)) (“When there has been no objection to a
report and recommendation, review is limited to plain error.”).
The Court has reviewed the Report and Recommendation and found no plain error. It is,
therefore, ORDERED:
1.

The May 1, 2017, Report and Recommendation [9] is ADOPTED as the opinion of
the Court;

2.

Carroll’s claims against Jim Kelly and Chris Kitchen are DISMISSED for failure
to state a claim upon which relief can be granted; and

3.

Carroll’s claims against Tippah County may PROCEED.

SO ORDERED, this 12th day of July, 2017.

/s/Debra M. Brown
_.
UNITED STATES DISTRICT JUDGE