Harris v. National Hotel and Casino, LLC

Filing 32

ORDER ADOPTING REPORT AND RECOMMENDATIONS; denying 19 Motion for Default Judgment filed by Kenneth Harris, granting 20 Motion to Set Aside Default filed by National Hotel and Casino, LLC. Signed by District Judge Debra M. Brown on 4/3/15. (jtm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
KENNETH HARRIS
V.

PLAINTIFF
NO. 4:14-CV-00128-DMB-JMV

NATIONAL HOTEL AND CASINO, LLC

DEFENDANT

ORDER ADOPTING REPORT AND RECOMMENDATION
On March 4, 2015, U.S. Magistrate Judge Jane M. Virden issued a Report and
Recommendation (“R&R”) recommending that: (1) Defendant’s Motion to Set Aside the Clerk’s
Entry of Default [20] be granted; and (2) Plaintiff’s Motion for Default Judgment [19] be denied.
Doc. #26. 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
unobjected-to proposed factual findings and legal conclusions accepted by the district court.” Id.
at 4. A copy of the R&R was mailed to the pro se plaintiff via United States Postal Service on
March 4, 2015. Plaintiff acknowledged receipt of the R&R on March 10, 2015. Doc. #29.
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, Defendant’s Motion to Set
Aside the Clerk’s Entry of Default [20] is GRANTED and Plaintiff’s Motion for Default
Judgment [19] is DENIED.
SO ORDERED, this 3rd day of April, 2015.
/s/ Debra M. Brown
UNITED STATES DISTRICT JUDGE

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