Leonard Davis III v. M. Beckem et al

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONS. 19 ; Case DISMISSED without prejudice; motion to dismiss 21 DENIED as moot. Signed by District Judge Debra M. Brown on 12/28/17. (cr)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
LEONARD DAVIS, III

PLAINTIFF

V.

NO. 4:14-CV-150-DMB-DAS

M. BECKEM

DEFENDANT

ORDER
On March 16, 2017, United States Magistrate Judge David A. Sanders issued a Report and
Recommendation recommending “that this action be dismissed for failure to prosecute and for
failure to obey an order of the court.” Doc. #19 at 1. Davis acknowledged receipt of the Report
and Recommendation on March 20, 2017, Doc. #20, but did not file objections. However, on or
about April 3, 2017, Davis filed a motion to dismiss. Doc. #21. In the motion, Davis states that
he “[r]espectfully … agree[s] with the recommendation from the court … and request[s] [that this
case] be dismissed.” Id. at 2.
“When there has been no objection to a report and recommendation, review is limited to
plain error.” Morales v. Mosley, No. 3:13-cv-848, 2014 WL 5410326, at *2 (S.D. Miss. Oct. 22,
2014) (citing Shelby v. City of El Paso, 577 F. App’x 327, 331 (5th Cir. 2014)). Having reviewed
the Report and Recommendation and found no plain error:
1.

The Report and Recommendation [19] is ADOPTED as the order of the Court.

2.

This case is DISMISSED without prejudice for failure to prosecute and comply
with the Court’s order; and

3.

Davis’ motion to dismiss [21] is DENIED as moot.

SO ORDERED, this 28th day of December, 2017.
/s/Debra M. Brown
UNITED STATES DISTRICT JUDGE