Montag v. Trump et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 7 Report and Recommendations. Ordered that this action is dismissed with prejudice. Signed by District Judge Taylor B. McNeel on 4/27/21. (JCH)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
CIVIL ACTION NO. 1:20-cv-325-TBM-RPM
DONALD TRUMP et al
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on submission of the  Report and Recommendation
entered by United States Magistrate Judge Robert P. Myers, Jr. on February 19, 2021.
After considering the record and applicable law, Judge Myers recommends that the case
should be dismissed as frivolous under 28 U.S.C. § 1915(e)(2). In the alternative, Judge Myers
recommends that the case should be dismissed without prejudice for failure to prosecute. Plaintiff
has not filed an objection to the Report and Recommendation, and the time for filing an objection
“When a party fails timely to file written objections to the magistrate judge’s proposed
findings, conclusions, and recommendation, that party is barred from attacking on appeal the
unobjected-to proposed findings and conclusions which the district court accepted, except for plain
error.” Casas v. Aduddell, 404 F. App'x 879, 881 (5th Cir. 2010); see also Thomas v. Arn, 474 U.S.
140, 152, 106 S. Ct. 466, 88 L. Ed. 2d 435 (1985) (“There is no indication that Congress, in
enacting § 636(b)(1)(C), intended to require a district judge to review a magistrate’s report to
which no objections are filed.”). Having considered Judge Myers’s Report and Recommendation,
the Court finds that it is neither clearly erroneous nor contrary to law.
IT IS THEREFORE ORDERED AND ADJUDGED that the Report and
Recommendation  entered by United States Magistrate Judge Robert P. Myers, Jr. on February
19, 2021 is ADOPTED as the opinion of the Court.
IT IS FURTHER ORDERED AND ADJUDGED that this action is DISMISSED WITH
THIS, the 27th day of April, 2021.
TAYLOR B. McNEEL
UNITED STATES DISTRICT JUDGE
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