Lewis v. Fisher et al
Filing
28
ORDER ADOPTING REPORT AND RECOMMENDATIONS. Claims against Marshall Fisher are DISMISSED; claims against remaining defendants shall PROCEED. 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
WALTER CORNELIUS LEWIS
V.
PLAINTIFF
NO. 4:16-CV-100-DMB-DAS
COMMISSIONER MARSHAL FISHER, et al.
DEFENDANTS
ORDER ADOPTING REPORT AND RECOMMENDATION
On August 15, 2017, following a Spears hearing, United States Magistrate Judge David
A. Sanders issued a Report and Recommendation recommending that (1) Commissioner Marshall
Fisher be dismissed as a defendant in this action due to the absence of his personal involvement in
the wrongdoing alleged by Lewis, and (2) the claims against Officers Page, Strickland, Marshall,
and the two unnamed officers for excessive force, failure to protect, and denial of adequate medical
care proceed. Doc. #21 at 3. The Report and Recommendation warned that failure to file written
objections within fourteen days would limit review of the Report and Recommendation to plain
error. Id. at 3–4.
Lewis acknowledged receipt of the Report and Recommendation on August 18, 2017. Doc.
#23. To date, no objections to the Report and Recommendation have been filed. Accordingly,
this Court’s review of the Report and Recommendation 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) (“When there has been no objection to a
report and recommendation, review is limited to plain error.”).
The Court has reviewed the Report and Recommendation and found no plain error.
Accordingly:
1.
The Report and Recommendation [21] is ADOPTED as the order of the Court;
2.
Lewis’ claims against Marshall Fisher are DISMISSED; and
3.
Lewis’ claims against the remaining defendants shall PROCEED.
SO ORDERED, this 28th day of December, 2017.
/s/Debra M. Brown
UNITED STATES DISTRICT JUDGE
2
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