Drain v. Hall et al

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Claims against Pelicia Hall are DISMISSED with prejudice, 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
LONNIE DRAIN
V.

PLAINTIFF
NO. 4:17-CV-50-DMB-DAS

PELICIA HALL, et al.

DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION
On August 11, 2017, following a Spears hearing, United States Magistrate Judge David
A. Sanders issued a Report and Recommendation recommending that Mississippi Department of
Corrections Commissioner Pelicia Hall be dismissed as a defendant due to the absence of her
personal involvement in the wrongdoing alleged by Drain. Doc. #14 at 2. 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.
Drain acknowledged receipt of the Report and Recommendation on August 17, 2017. Doc.
#19. 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 [14] is ADOPTED as the order of the Court;

2.

Drain’s claims against Pelicia Hall are DISMISSED with prejudice; and

3.

Drain’s claims against the remaining defendants shall PROCEED.

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

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