Yankton v. Epps et al

Filing 87

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by District Judge Debra M. Brown on 3/11/19. (cr)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
LAVAN YANKTON, SR.

PLAINTIFF

V.

NO. 4:14-CV-34-DMB-RP

CHRISTOPHER EPPS, et al.

DEFENDANTS
ORDER

On February 14, 2019, United States Magistrate Judge Roy Percy issued a Report and
Recommendation recommending that this case be dismissed without prejudice under Federal Rule
of Civil Procedure 41(b) for LaVan Yankton, Sr.’s failure to prosecute and failure to comply with
a court order. Doc. #84. No objections to the Report and Recommendation have been filed.
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)).
Having reviewed the Report and Recommendation, this Court concludes that it is neither
clearly erroneous nor contrary to law. Accordingly, the Report and Recommendation is [84] is
ADOPTED as the order of this Court and this case is DISMISSED without prejudice for
Yankton’s failure to prosecute and failure to comply with a court order.
SO ORDERED, this 11th day of March, 2019.
/s/Debra M. Brown
UNITED STATES DISTRICT JUDGE