Cox v. Morris et al

Filing 69

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by District Judge Debra M. Brown on 2/13/2020. (jwr)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
JAMES B. COX d/b/a JC Designs d/b/a
Wire N Rings

PLAINTIFF

V.

NO. 3:18-CV-30-DMB-JMV

JAMES MORRIS, et al.

DEFENDANTS

ORDER
On January 23, 2020, United States Magistrate Judge Jane M. Virden issued a report and
recommendation recommending that the claims brought by James Cox against James Morris be
dismissed with prejudice pursuant to a settlement agreement reached in her presence and that the
claims asserted by Cox against James Noland be dismissed without prejudice pursuant to Federal
Rule of Civil Procedure 4(m). Doc. #67. No party has objected to the report and recommendation.
Under 28 U.S.C § 636(b)(1)(C), “[a] judge of the court shall make a de novo determination
of those portions of the report … to which objection is made.” “[W]here there is no objection, the
Court need only determine whether the report and recommendation is clearly erroneous or contrary
to law.” United States v. Alaniz, 278 F. Supp. 3d 944, 948 (S.D. Tex. 2017) (citing United States
v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989)). Because the report and recommendation is neither
clearly erroneous nor contrary to law, it is ADOPTED as the order of the Court. Cox’s claims
against Morris are DISMISSED with prejudice. Cox’s claims against Noland are DISMISSED
without prejudice. A final judgment will issue separately.
SO ORDERED, this 13th day of February, 2020.
/s/Debra M. Brown
UNITED STATES DISTRICT JUDGE