Clervrain v. Hoseman
ORDER ADOPTING REPORT AND RECOMMENDATIONS. Plaintiff's action fails to assert any claim on which relief may be granted or over which this court has subject matter jurisdiction, and as such must be DISMISSED. In light of dismissal, 2 Motion to Proceed In Forma Pauperis is DENIED AS MOOT. CASE CLOSED. Signed by Senior Judge Michael P. Mills on 11/18/21. (ab)
Case: 3:21-cv-00147-MPM-RP Doc #: 9 Filed: 11/18/21 1 of 2 PageID #: 858
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
CIVIL ACTION NO.: 3:21-CV-147-MPM-RP
On consideration of the file and records in this action, the Court finds that the report and
recommendation of the United States Magistrate Judge dated October 28, 2021, was on that date
served via electronic mail through the court’s CM/ECF system upon counsel of record and via
mail to the plaintiff at the address listed on the docket; more than eighteen days have elapsed since
service of the report and recommendation; and no objection has been filed or served by the parties.
“With respect to those portions of the report and recommendation to which no objections
were raised, the Court need only satisfy itself that there is no plain error on the face of the record.”
Gauthier v. Union Pac. R.R. Co., 644 F. Supp. 2d 824, 828 (E.D. Tex. 2009) (citing Douglass v.
United Servs. Auto. Ass’n, 79 F.3d 1415, 1428–29 (5th Cir. 1996)). The Court has reviewed the
R&R and finds no plain error on the face of the record.
The Court is of the opinion that the report and recommendation should be approved and
adopted as the opinion of the Court.
It is, therefore, ORDERED:
1. That the report and recommendation of the United States Magistrate Judge dated October
28, 2021, is APPROVED and ADOPTED, and the proposed findings of fact and
conclusions of law therein set out are adopted as the findings of fact and conclusions of
law of the court.
Case: 3:21-cv-00147-MPM-RP Doc #: 9 Filed: 11/18/21 2 of 2 PageID #: 859
2. That the plaintiff’s action fails to assert any claim on which relief may be granted or
over which this court has subject matter jurisdiction, and as such must be DISMISSED.
3. That the plaintiff wholly failed to respond as to the issue of his ability to pay the filing
fee, but in light of dismissal, the motion to proceed in forma pauperis must be DENIED
3. As such, the case is CLOSED.
SO ORDERED, this the 18th day of November, 2021.
/s/ Michael P. Mills
UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF MISSISSIPPI
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