Owens v. Huges et al

Filing 31

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by District Judge Michael P. Mills on 5/8/2018. (lpm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
FRANK R. OWENS
VS.

PLAINTIFF
CIVIL ACTION NO.: 3:16-cv-267-MPM-JMV

JHONNIE HUGES AND
WATER VALLEY HOUSING AUTHORITY

DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION

On December 1, 2017, U.S. Magistrate Judge Jane M. Virden issued a Report and
Recommendation (“R&R”) sua sponte recommending that the pro se Plaintiff’s complaint be
dismissed. Doc. #30. Judge Virden’s recommendation was based on Plaintiff’s failure to
prosecute and failure to comply with an order of the court.
The R&R warned that “any … objections [to the R&R] are required to be in writing and
must be filed within fourteen days of this date. Failure to timely file written objections . . . will
bar an aggrieved party, except upon grounds of plain error, from attacking on appeal unobjectedto proposed factual findings and legal conclusions accepted by the district court.” Id. at 3. A
copy of the R&R was mailed to the pro se plaintiff via United States Postal Service on December
11, 2017.
More than fourteen days have elapsed since service of the R&R, and no objection thereto
has been filed or served by any party. 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 has found no plain error. Accordingly, the R&R is
APPROVED and ADOPTED as the opinion of the court. Thus, plaintiff’s case is hereby
DISMISSED.
SO ORDERED, this 8th day of May, 2018.

/s/ MICHAEL P. MILLS
UNITED STATES DISTRICT JUDGE NORTHERN
DISTRICT OF MISSISSIPPI