Beamer v. Gulfport Police Department

Filing 41

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 39 Report and Recommendations entered by U.S. Magistrate Judge Robert H. Walker. This lawsuit is dismissed without prejudice. Signed by Chief District Judge Louis Guirola, Jr on 11/18/15 (PKS)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION KENTRELL MORDECAI BEAMER v. PLAINTIFF CAUSE NO. 1:14CV348-LG-RHW CITY OF GULFPORT, MISSISSIPPI, and OFFICER UNKNOWN REYNOLDS DEFENDANTS ORDER ADOPTING REPORT AND RECOMMENDATION BEFORE THE COURT is the Report and Recommendation [39] entered by United States Magistrate Judge Robert H. Walker, in which he recommends that this lawsuit filed by Kentrell Mordecai Beamer should be dismissed for failure to comply with court orders and for failure to prosecute. Beamer did not file an objection to the Report and Recommendation, and the copy of the Report and Recommendation sent to Beamer was returned as undeliverable. Where no party has objected to the Magistrate Judge’s report and recommendation, the Court need not conduct a de novo review of it. See 28 U.S.C. § 636(b)(1) (“A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings and recommendations to which objection is made.”). In such cases, the Court need only satisfy itself that there is no clear error on the face of the record. Douglass v. United Serv. Auto Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996). Having conducted the required review, the Court finds that Judge Walker’s Report and Recommendation is neither clearly erroneous nor contrary to law. Therefore, the Report and Recommendation entered by Judge Walker is adopted as the opinion of this Court. IT IS, THEREFORE, ORDERED AND ADJUDGED that the Report and Recommendation [39] entered by United States Magistrate Judge Robert H. Walker is ADOPTED as the opinion of this Court. This lawsuit is DISMISSED WITHOUT PREJUDICE. SO ORDERED AND ADJUDGED this the 18th day of November, 2015. s/ Louis Guirola, Jr. LOUIS GUIROLA, JR. CHIEF U.S. DISTRICT JUDGE -2-

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