Flores v. United States Attorney General et al

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by District Judge Debra M. Brown on 7/13/15. (jtm)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION ERIC FLORES PLAINTIFF V. NO. 4:15-cv-00048-DMB-JMV UNITED STATES ATTORNEY GENERAL; and FEDERAL BUREAU OF INVESTIGATION DEFENDANTS ORDER ADOPTING REPORT AND RECOMMENDATION On April 20, 2015, Plaintiff Eric Flores filed a motion to proceed in forma pauperis and a “Motion to Transfer Multidistrict Litigation to the District of Columbia Pursuant to 27 U.S.C. & [sic] for Coordinated and Consolidated Pretrial Proceedings by Judicial Panel for Multidistrict Litigation.” Doc. #2; Doc. #3. On June 3, 2015, U.S. Magistrate Judge Jane M. Virden issued a Report and Recommendation (“R&R”) recommending that: (1) Plaintiff’s motion to proceed in forma pauperis be granted; (2) Plaintiff’s motion to transfer be denied; and (3) “this action be dismissed as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).” Doc. # 6 at 6. 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 7 (citing Douglass v. United Servs. Auto. Assoc., 79 F.3d 1415 (5th Cir. 1996)). A copy of the R&R was mailed to the pro se plaintiff via United States Postal Service on June 3, 2015. 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, 79 F.3d at 1428–29). The Court has reviewed the R&R and has found no plain error. Accordingly, the R&R [6] is APPROVED and ADOPTED as the opinion of the court. Thus, (1) Plaintiff’s motion to proceed in forma pauperis [2] is GRANTED; (2) Plaintiff’s motion to transfer [3] is DENIED; and (3) this case is DISMISSED as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). SO ORDERED, this 13th day of July, 2015. /s/ Debra M. Brown UNITED STATES DISTRICT JUDGE

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