Opinion
3:23-CV-289-DMB-RP
03-18-2024
ROBBIE DALE BOYD PLAINTIFF v. OFFICER JOHNNY COLE and RIPLEY POLICE DEPARTMENT DEFENDANTS
ORDER
DEBRA M. BROWN UNITED STATES DISTRICT JUDGE
On February 14, 2024, United States Magistrate Judge Roy Percy issued a “Report and Recommendation” (“R&R”) recommending that this case be dismissed without prejudice for Robbie Dale Boyd's failure to serve process. Doc. #7 at PageID 160. The R&R advised that any objections must be filed within fourteen days and warned that a failure to file written objections to the proposed findings, conclusions, and recommendations in the R&R bars “entitlement to de novo review by a district judge” and “appellate review, except on grounds of plain error, of unobjected-to proposed factual findings and legal conclusions accept[ed] by the district court.” Id. No objection to the R&R was filed.
Under 28 U.S.C. § 636(b)(1)(C), “[a] judge of the court shall make a de novo determination of those portions of the report ... to which objection is made.” “[P]lain error review applies where a party did not object to a magistrate judge's findings of fact, conclusions of law, or recommendation to the district court despite being served with notice of the consequences of failing to object.” Quintero v. State of Tex. - Health and Hum. Servs. Comm'n, No. 22-50916, 2023 WL 5236785, at *2 (5th Cir. Aug. 15, 2023) (cleaned up). “[W]here there is no objection, the Court need only determine whether the report and recommendation is clearly erroneous or contrary to law.” United States v. Alaniz, 278 F.Supp.3d 944, 948 (S.D. Tex. 2017).
The Court reviewed the R&R for plain error and concludes that the R&R is neither clearly erroneous nor contrary to law. So the R&R [7] is ADOPTED as the order of the Court and this case is DISMISSED without prejudice.
SO ORDERED, this 18th day of March, 2024.