Opinion
CIVIL ACTION NO.: 3:17-cv-189-MPM-JMV
06-06-2018
BRUD ROSSMANN PLAINTIFF v. PHILIP PULASKI, M.D., ET AL. DEFENDANTS
ORDER ADOPTING REPORT AND RECOMMENDATION
On November 17, 2017, U.S. Magistrate Judge Jane M. Virden issued a Report and Recommendation ("R&R") recommending that the pro se Plaintiff's complaint be dismissed and Plaintiff be barred from filing further complaints in this district without prior approval from a District Judge. Doc. #7. Judge Virden's recommendation is based upon the Plaintiff's demonstratively frivolous and troublesome complaint that otherwise fails to state a claim. Id. at 1.
The R&R warned that "any ... objections [to the R&R] are required to be in writing and must be filed within fourteen days of this date. Failure to timely file written objections . . . will bar an aggrieved party, except upon grounds of plain error, from attacking on appeal unobjected-to proposed factual findings and legal conclusions accepted by the district court." Id. at 6. A copy of the R&R was mailed to the pro se plaintiff via United States Postal Service on December 12, 2017. The mail was returned as undeliverable.
As is the case in all of the Plaintiff's other filings, referenced in the Report and Recommendation. Doc. #7 at 2. --------
More than fourteen days have elapsed since service of the R&R and no objection thereto has been filed or served by any party. Accordingly, this Court's review of the R&R is limited to plain error. See Molina-Uribe v. U.S., No. B:97-97, 2009 WL 3535498, at *15 (S.D. Tex. Sep. 10, 2009) ("In the absence of plain error, a party's failure to object timely to a Magistrate Judge's Report and Recommendation waives any right to further judicial review of that decision.") (citing Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415, 1428-29 (5th Cir. 1997)).
The Court has reviewed the R&R and has found no plain error. Accordingly, the R&R is APPROVED and ADOPTED as the opinion of the court. Thus, Plaintiff's case is hereby DISMISSED.
SO ORDERED, this 6th day of June, 2018.
/s/ MICHAEL P. MILLS
UNITED STATES DISTRICT JUDGE NORTHERN
DISTRICT OF MISSISSIPPI