Carroll v. Tippah County, Mississippi et al

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATIONS 24 Report and Recommendations, GRANTING 19 motion to dismiss; this case is CLOSED. Signed by District Judge Debra M. Brown on 3/5/18. (tab)

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 October 23, 2017, United States Magistrate Judge Jane M. Virden issued a Report and
Recommendation recommending that “this action be dismissed against Tippah County because no
conduct chargeable to the County for purposes of § 1983 is alleged or may be inferred from the
facts asserted in the complaint.” Doc. #24. 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.
On October 23, 2017, the Report and Recommendation was mailed to Carroll at his last
known address. 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. 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.
Therefore:

1.

The October 23, 2017, Report and Recommendation [24] is ADOPTED as the
opinion of the Court.

2.

Tippah County’s motion to dismiss [19] is GRANTED and Carroll’s claims against
Tippah County are DISMISSED.

3.

This case is CLOSED.

SO ORDERED, this 5th day of March, 2018.
/s/Debra M. Brown
_.
UNITED STATES DISTRICT JUDGE