Opinion
CIVIL ACTION NO.: 1:20-CV-166-SA-DAS
01-20-2021
JAMES CURRY, JR. PLAINTIFF v. HOLIDAY INN DEFENDANT
ORDER ADOPTING REPORT AND RECOMMENDATION
On November 4, 2020, Magistrate Judge Sanders entered a Report and Recommendation [6] in this cause. In the Report and Recommendation, Magistrate Judge Sanders recommended that Curry's "application to proceed in forma pauperis be DENIED and his Complaint against the Holiday Inn be DISMISSED for failure to state a claim." [6], p. 6. The Report and Recommendation [6] also afforded Curry a period of fourteen (14) days to raise any Objection that he may have to the Report and Recommendation. Despite the passage of well more than fourteen (14) days, Curry has not objected to the Report and Recommendation.
Where no objection is filed, the Court "need only satisfy itself that there is no plain error on the face of the record." Gauthier v. Union Pac. R.R. Co., 644 F.Supp.2d 824, 828 (E.D. Tex. 2009) (citing Douglass v. United Serv. Auto. Ass'n, 79 F.3d 1415, 142-29 (5th Cir. 1996)). The Court has reviewed the Report and Recommendation and finds it to be well-reasoned and that there is no plain error.
The Court therefore ADOPTS IN FULL the Report and Recommendation [6]. The Plaintiff's claims are hereby dismissed with prejudice. This CASE is CLOSED.
SO ORDERED, this the 20th day of January, 2021.
/s/ Sharion Aycock
UNITED STATES DISTRICT COURT JUDGE