Davis v. Walmart

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 7 Report and Recommendations. Signed by District Judge Louis Guirola, Jr on 3/31/21. (JCH)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
NIGELLUS DEVONTE
DAVIS
v.

PLAINTIFF
CAUSE NO. 1:19CV963-LG-RPM

WALMART

DEFENDANT

ORDER ADOPTING REPORT AND RECOMMENDATION
BEFORE THE COURT are the [7] Report and Recommendations entered in
this matter by Magistrate Judge Robert P. Myers, Jr. on March 9, 2021. This
lawsuit involves allegations by pro se Plaintiff Nigellus Devonte Davis that
Defendant Walmart “kept” a personal check of his that he attempted to cash and
failed to refund him $8.00 for a 2-liter bottle of Sprite. (See generally Compl., ECF
No. 1).1 After conducting an Omnibus hearing which Plaintiff did not attend, Judge
Myers recommended that the instant lawsuit be dismissed without prejudice for
failure to prosecute. A copy of the Report and Recommendations was mailed to
Plaintiff, but he did not timely file objections.
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

Plaintiff asks for, inter alia, “500,000,000,000.00 Billion” in damages, as well as a personal
Walmart store, a 2020 Bentley convertible, and a residence in Dubai. (Compl., 4-5, ECF No. 1).
1

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 Myers’s Report and Recommendations are neither clearly erroneous nor
contrary to law.
IT IS THEREFORE ORDERED AND ADJUDGED that the [7] Report
and Recommendations are ADOPTED as the opinion of this Court. This lawsuit is
DISMISSED WITHOUT PREJUDICE.
SO ORDERED AND ADJUDGED this the 31st day of March, 2021.
s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
UNITED STATES DISTRICT JUDGE

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