Opinion
Civil Action 3:23-CV-1303-X-BN
09-01-2023
DEANDRE WHYTE, Plaintiff, v. JOHN COLLINS, Defendant.
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
BRANTLEY STARR, UNITED STATES DISTRICT JUDGE.
The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. [Doc. 10]. The Magistrate Judge recommends the Court should dismiss with prejudice Plaintiff's amended complaint and this lawsuit because Plaintiff cannot prevail under the cited federal statutes and fails to plausibly show that Defendant is liable for the misconduct alleged.
Plaintiff filed an objection. The objection contends that Plaintiff dutifully followed the administrative process, but Defendant failed to respond to Plaintiff's mailings or properly carry out his fiduciary duties. None of these arguments rebut the Magistrate Judge's findings that Plaintiff cannot prevail under the federal statutes cited in the amended complaint and otherwise fails to plausibly show that Defendant is liable for the misconduct alleged. Accordingly, the Court OVERRULES the Plaintiff's objection.
The District Court reviewed de novo those portions of the proposed findings, conclusions, and recommendation to which objection was made, and reviewed the remaining proposed findings, conclusions, and recommendation for plain error. Finding none, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and DISMISSES the case with prejudice.
IT IS SO ORDERED.